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A statement in October 2013 by Marisa Simms, the partner of the Garda whistleblower Keith Harrison, contained her words rather than those of the gardaí who took it, the Disclosures Tribunal has been told.
The tribunal, which is chaired by Mr Justice Peter Charleton, is looking into whether the Garda whistleblower Sgt Maurice McCabe was the target of a smear campaign on the direction of senior Garda management.
Garda Harrison has alleged there was inappropriate contact between Tusla, the State child and family agency, and the Garda about him and his partner. He has said this mirrored in some respects what allegedly happened with Sgt McCabe.
At the tribunal on Monday, Insp Goretti Sheridan denied that she had prepared the statement and then put it to Ms Simms, who had called to Letterkenny Garda station on October 6th, 2013. “If Marisa Simms wants to make a statement, she could make a statement,” Insp Sheridan said. “I wouldn’t force Marisa Simms or anybody else to make a statement.”
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Ms Simms’s barrister, Hugh Hartnett SC, claimed the inspector “set out as best you could to get a statement using the wiles of an investigating officer”. Insp Sheridan said her job was “to talk to her and ask if she wants to make a statement”; “I’m not going to force her to sit down and make a statement.”
The inspector also denied that she had been “somewhat frigid” and “showed displeasure” when Ms Simms returned to the station to withdraw the statement. Insp Sheridan said extremely serious allegations had been made about Garda Harrison by third parties – Ms Simms’s mother, sister, uncle and cousin – who had already come forward.
Eight-hour statement
Mr Hartnett said Ms Simms was exhausted after making a statement for eight hours – an “exceptional length of time”. “Even the best of Donegal seanchaithe would find it difficult to talk in a stream for eight hours or more,” Mr Hartnett said, referring to traditional storytellers.
Insp Sheridan said that statements about domestic violence, sexual abuse or rape often took a long time and that Ms Simms was “alert and knew what she was doing”. Insp Sheridan said her key concern was the welfare of Ms Simms’ children.
On January 11th, 2014, Ms Simms called to Letterkenny Garda station and withdrew her statement.
Questioned by Mark Harty SC, for Garda Harrison, the inspector said she had initially called to Ms Simms’s mother, Rita McDermott, at her home in Raphoe after being told that Mrs McDermott was worried about her daughter.
Insp Sheridan said after she took the statement from Ms Simms it was referred to Garda Síochána Ombudsman Commission and she had no further involvement in the case.
The tribunal also heard that Garda Paul Wallace met Garda Harrison on October 7th, the day after Ms Simms made her statement. In a report to his superiors in October 2013, Garda Wallace said Garda Harrison “appeared quite agitated and nervous” and believed Ms Simms had misunderstood a figure of speech when he told her, “You will get burnt here,” and had interpreted it as a literal threat.
Insp Sheridan told the inquiry that there was not “a shadow of a doubt” the case would be referred to Tusla or the HSE once the statement mentioned Ms Simms’s children and that gardaí had no choice in the matter.
The tribunal continues.