Nóirín O’Sullivan rejects claims she smeared Maurice McCabe

Garda Commissioner Nóirín O’Sullivan faces an unprecedented commission of investigation following allegations that she attempted to blacken the name of whistleblower Sgt Maurice McCabe.

Ms O’Sullivan, who has always denied the accusations, faces an examination of her mobile phones and phone records over a period of two years, as the commission headed by Supreme Court judge Peter Charleton investigates her contacts with the media.

The Government decided to set up the commission, which has legal powers to compel witnesses to attend and to order the discovery of documents, following an initial inquiry by retired judge Iarfhlaith O’Neill into allegations by another Garda whistleblower, Supt David Taylor.

Supt Taylor, a former head of the Garda Press Office, has said in a protected disclosure under whistleblower legislation that he was directed to brief the media with negative stories about Sgt McCabe and to tell journalists that Sgt McCabe’s allegations had been fully investigated and shown to be groundless.

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Direct knowledge

Supt Taylor further alleges he was instructed to tell journalists Sgt McCabe was motivated by revenge after an allegation of criminal misconduct was made against him.

Former Garda commissioner Martin Callinan is implicated in the complaints by Supt Taylor and his actions will be investigated by the commission.

Labour leader Brendan Howlin said in the Dáil on Wednesday that he had spoken to a journalist who had “direct knowledge” that Ms O’Sullivan had made “very serious allegations of sexual crimes having been committed by Sgt McCabe” to journalists. Mr Howlin later clarified the journalist had not been spoken to directly by Ms O’Sullivan.

Garda headquarters said the commissioner noted Mr Howlin’s comments with surprise. “The commissioner has no knowledge of the matters referred to by Deputy Howlin and refutes in the strongest terms the suggestion that she has engaged in the conduct alleged.”

Sgt McCabe told The Irish Times he had contacted an assistant commissioner calling for Ms O’Sullivan to make a public statement on the claims reported by Mr Howlin. He said they were of the most serious concern. She released her statement two hours later.

RTÉ

Mr Howlin said the commissioner was in “an untenable position” and should step aside while the commission undertook its work. Sinn Féin also called for her to step aside.

Government sources expect the commission will take about nine months to complete its inquiry. The investigations centre on the relationship between commissioners O’Sullivan and Callinan and the media, and in particular whether the Garda sought to use the media to discredit Sgt McCabe and so diminish the impact of his allegations of Garda malpractice.

The commission will also investigate a meeting between Mr Callinan and Fianna Fáil TD John McGuinness. Mr McGuinness says the former commissioner told him Sgt McCabe was not to be trusted

One of the commission’s terms of reference, which were published on Wednesday, specifically requires it to inquire into an RTÉ news report broadcast last year.