Courts / Ireland / Report
Special adviser to Fitzgerald "felt uncomfortable" receiving email about commission
2018-01-30
Hearing Or Decision
Summary
The Charleton tribunal heard evidence from William Lavelle, a special advisor to former Justice Minister Frances Fitzgerald, regarding an email received on 15 May 2015 concerning the O'Higgins Commission of Investigation. Lavelle stated he felt "uncomfortable" and "surprised" to receive the communication, which referenced a "serious criminal complaint" against garda whistleblower Sgt Maurice McCabe. He noted that the email was marked "for information only" and required no action, asserting that commissions are statutorily independent of the minister. Lavelle explained that issues relating to Sgt McCabe were typically handled by officials or his colleague, Marion Mannion, and that he did not proactively follow up as the minister did not raise the matter. Denis Griffin, a higher executive officer, testified that he forwarded the email to acting secretary general Noel Waters, stating that anything regarding Sgt McCabe would be brought to his attention. The tribunal is examining whether unjustified grounds were inappropriately relied upon by former Garda Commissioner Nóirín O'Sullivan to discredit Sgt McCabe. The O'Higgins Commission, which sat in private in 2015, investigated complaints by Sgt McCabe regarding policing matters and serious allegations against senior officers, including then Garda Commissioner Martin Callinan. In 2006, the DPP directed no prosecution against Sgt McCabe, citing no evidence of wrongdoing. Frances Fitzgerald is scheduled to give evidence next, with Sgt McCabe due to appear on Friday. The tribunal expects to complete the current module by the end of next week before hearing closing submissions.
Who, what, where, when and why
What: Report matter: Special adviser to Fitzgerald "felt uncomfortable" receiving email about commission. Procedural stage: hearing_or_decision
When:
- May 2015 Hearing Or Sentence
- 15 May 2015 Other
- 2018-01-30 Publication
Case subjects
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