Nóirín O’Sullivan denies trying to ‘impugn’ McCabe’s integrity

The Garda Commissioner Nóirín O’Sullivan has issued a statement on the report of the O’Higgins Commission shortly before the Dáil debates the report’s findings.

She has also addressed reports based on leaked excerpts of the commission’s transcripts that she instructed her lawyers to attack the credibility of the Garda whistleblower Sergeant Maurice McCabe.

The statement implicitly confirms that Ms O’Sullivan’s lawyers were instructed to attack the credibility and motivation of Sgt McCabe, as suggested by the leaked transcripts.

“Having regard to the nature and seriousness of the allegations, and the duty to assist the Commission in its task of establishing the facts and truth,” Ms O’Sullivan said.

“I cannot see how it would be in any way unreasonable, improper or avoidable to appropriately test and cross examine the evidence of all persons giving evidence to the Commission including Sergeant McCabe.”

She added: “The Commission found, in relation to certain allegations; these hurtful allegations to be unfounded and in at least one case based on a belief, but unsupported by evidence, and that those against whom such complaints were made lived for many years under the strain of those allegations.”

Malice

However, Ms O’Sullivan again denies that she at any time instructed her legal team to attribute malice to Sergeant McCabe and also that she sought to impugn the integrity of the whistleblower.

“I can confirm that An Garda Síochána’s legal team was not at any stage instructed to impugn the integrity of Sergeant Maurice McCabe or to make a case that he was acting maliciously,” she said.

“I would emphasise that the overriding objective of An Garda Síochána, and its legal team, was at all times to assist the Commission in carrying out its statutory functions and to establish all relevant facts in relation to the matters referred to it for investigation as set out in its terms of reference.”

The Dáil will shortly begin to discuss the findings of the report.

In the statement, the commissioner says she has asked the Minister for Justice to refer allegations that senior officers sought to mislead the inquiry with a false report of a meeting with Sgt McCabe in 2008 to the Garda Síochána Ombudsman Commission.

The account of the meeting furnished to the commission - and to Garda management - reportedly suggested that Sgt McCabe had admitted that some of his complaints about Garda behaviour were motivated by malice against a senior officer. However, this account was contradicted when Sgt McCabe produced a recording of the meeting.

This allegation, which was not dealt with in the report of the O’Higgins Commission, will now be investigated by Gsoc.

Fullest extent

Elsewhere in the statement, Ms O’Sullivan said she would be appearing before the Policing Authority on Thursday where she would deal with these matters to the fullest extent possible.

In addition, she said she had taken a number of steps to address other matters arising from the allegations of Sgt McCabe:

“On receipt of the Report, I directed Deputy Commissioner John Twomey to fully examine the content, findings and recommendations of the Report and to address any issues arising from that examination, including lessons learned that may further inform An Garda Síochána’s Modernisation and Renewal Programme. The programme which addresses, among other things, the fundamental issues arising in the O’Higgins report in relation to renewal of our culture, training, supervision, victims support and investigative practices, will be formally published in early course.

“ In relation to whistleblowers, I have been consistent at all times: dissent is not disloyalty and as a service we are determined to learn from our experiences. An Garda Síochána agrees that whistleblowers are part of the solution to the problems facing the service. In this regard, yesterday we met with representatives from Transparency Ireland who have agreed to work with us to create an environment to ensure protected disclosures and people making them are welcomed and protected in An Garda Síochána.

“A Protected Disclosures Manager has now been appointed and we have begun establishing a dedicated team who will be appropriately trained to oversee all matters related to whistleblowers.”