Courts / Ireland / Report
Not in the public interest for O'Sullivan to have resigned after O'Higgins report, tribunal told
2018-01-29
Hearing Or Decision
Summary
At the Charleton tribunal, former deputy secretary Ken O'Leary testified that it would not have been in the public interest for former Garda Commissioner Nórín O'Sullivan to resign following the 2016 O'Higgins report. The tribunal is examining whether unjustified grounds were inappropriately relied upon by the former commissioner to discredit whistleblower Sergeant Maurice McCabe. O'Leary, an assistant general secretary at the Department of Justice, stated that the O'Higgins report did not call the commissioner's position into question, noting that the commission investigated complaints regarding policing matters and serious allegations against senior officers, including then Commissioner Martin Callinan. O'Leary argued that O'Sullivan was being publicly traduced in circumstances where she could not defend herself due to the private nature of the commission. He clarified that a May 2016 document he prepared was a 'stream of consciousness' rather than a draft letter, though the commissioner signed off on a final version. O'Leary acknowledged that the Department of Justice and the commissioner acted 'hand in glove' but maintained that the department took a public interest view that questioning the commissioner lacked proper basis. He also discussed a May 2015 telephone call from O'Sullivan regarding objections to questioning at the commission, stating he did not make a note of the conversation at the time. The matter remains at the hearing stage.
Who, what, where, when and why
What: Report matter: Not in the public interest for O'Sullivan to have resigned after O'Higgins report, tribunal told. Procedural stage: hearing_or_decision
When:
- May 2016 Other
- 15 May 2015 Other
- 2018-01-29 Publication
Why: He said this was not because of loyalty, but because the department took the view there was no proper basis for questioning the commissioner, since there was nothing in the O'Higgins Commission report which called her position into question. CNI source report
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