Frances Fitzgerald denies O’Higgins report ‘media managed’

Tánaiste and Minister for Justice Frances Fitzgerald has denied the publication of the report of the O’Higgins commission of investigation into alleged Garda wrongdoing was “media managed”.

The commission, chaired by Mr Justice Kevin O’Higgins, examined claims by whistleblower Sgt Maurice McCabe of Garda malpractice.

Launching the report at Government Buildings yesterday, the Minister said the heavily leaked report had been published as early as possible.

Asked why Taoiseach Enda Kenny, who instigated the commission, was not taking questions, Ms Fitzgerald said she was sure he would make a statement in due course.

She denied the fact the report was published on the day she was leaving for a United Nations meeting amounted to media management.

Time needed to be taken to ensure the report was checked for findings that might put at risk ongoing legal proceedings if they entered the public domain, Ms Fitzgerald said.

Garda Headquarters last night said it accepted the report’s findings and recommendations. It welcomed the fact there had been no findings of corruption against any Garda members. In a statement, it said the report was being reviewed by Garda Commissioner Nóirín O’Sullivan and her management teams to see “what lessons can be learned”.

However, it added that as a result of the many reports in the Garda in recent years changes had already been made to modernise and improve how investigations were conducted, witnesses and victims treated and personnel trained.

Acted with integrity

Meanwhile, when asked whether she should apologise to former Garda commissioner Martin Callinan, Ms Fitzgerald said it was clear Mr Justice O’Higgins had found he had acted with integrity and never corruptly. She was “very pleased” he had been cleared of corruption but said the Fennelly commission had dealt with his departure from office.

She said she believed Mr Callinan and former minister for justice Alan Shatter would now be “very relieved” they had been exonerated and she said she “of course” had sympathy for both men. “I’m sure both will feel very relieved at the findings in this report,” she said.

While Mr Justice O’Higgins found some of the allegations put forward by Sgt McCabe were unfounded and others had been withdrawn, Ms Fitzgerald said the whistleblower had done the State a service and had acted with “genuine commitment”.

Mr Shatter resigned in May 2014, when Seán Guerin SC published his findings after being asked by the government to examine how the Department of Justice had handled allegations of Garda wrongdoing put forward by Sgt McCabe.The report was critical of the handling of the allegations by the Garda and department, with Mr Shatter resigning as a result.

Two months earlier, Mr Callinan had retired as Garda commissioner. He announced his departure the morning after the then secretary general of the department, Brian Purcell, was sent to his home by Mr Kenny to express the government’s concern at the deepening policing crisis.

Yesterday, Ms Fitzgerald denied suggestions Mr Callinan had been pressurised from office by Mr Kenny.

“The Fennelly report examined that question in detail; the circumstances in relation to the retirement of the [former] commissioner,” she said, adding there never had been a finding that Mr Callinan had been forced out.