Courts / Ireland / Report
Allegation that O'Sullivan used unjustified grounds to discredit McCabe a result of false leaks, lawyers tell tribunal
2018-03-08
Hearing Or Decision
Summary
The Disclosures Tribunal is currently hearing submissions in its third module, which investigates allegations that former Garda Commissioner Nóirín O'Sullivan used unjustified grounds to discredit Sergeant Maurice McCabe at the O'Higgins Commission of Investigation. Barrister Paul Sreenan SC, representing An Garda Síochána and former Commissioner Martin Callinan, argued that the legal team was justified in challenging McCabe's credibility to defend their clients against corruption allegations. Sreenan stated that the tribunal's term of reference arose from leaks from the O'Higgins Commission that have since been demonstrated to be false. He further contended there was no proper basis for the investigation, responding to a question from Mr Justice Charleton regarding whether the module was based on conjecture. Conversely, Michael McDowell SC, representing Sergeant McCabe, asserted that O'Sullivan remained responsible for her legal team's actions, as they acted on her authority. McDowell described the strategy to discredit McCabe as scandalous, citing attempts to link him to a missing computer and a disciplinary process regarding penalty points. He noted that the DPP had directed no prosecution in a related 2006 abuse allegation case due to a lack of evidence. The hearing remains ongoing, with the tribunal continuing to examine the validity of the grounds relied upon by the former commissioner's legal representatives.
Who, what, where, when and why
What: Report matter: Allegation that O'Sullivan used unjustified grounds to discredit McCabe a result of false leaks, lawyers tell tribunal. Procedural stage: hearing_or_decision
When:
- 15 May 2015 Other
- 2018-03-08 Publication
Why: Mr Sreenan said his clients were "entirely justified" in challenging the credibility and motivation of Sgt McCabe before the commission, in order to vindicate the good name of their clients. CNI source report
Case subjects
Applicant
Places mentioned
- which occurred in Bailieboro Garda Station
Topics
Help us improve this report
Your request is saved for the newsroom's next review. It does not immediately change the published report.
Prefer email? Send a correction request.