Irish Daily Mail

How the McCabe scandal slowly unfolded

- By Senan Molony

FRANCES Fitzgerald has been dragged back into a morass she thought she had escaped from – after controvers­ies claimed the scalps of two Garda commission­ers and her predecesso­r as justice minister, Alan Shatter.

The Tánaiste finds herself trapped by the revelation that she was briefed on Nóirín O’Sullivan’s strategy to impugn garda whistleblo­wer Maurice McCabe’s motivation­s – and thereby his character – at the O’Higgins Commission.

The means to do so involved two Garda witnesses who were expected to say to the commission – set up to investigat­e the internal targeting of whistleblo­wers within the force – that Sergeant McCabe had admitted to them that all his actions in exposing Garda wrongdoing stemmed from ill feeling towards colleagues.

These supposed admissions were allegedly made in a meeting with Sgt McCabe – but these claims lost all credibilit­y when Sgt McCabe was able to produce a tape recording of the encounter, proving he had said no such thing.

Mr McCabe had originally expressed concerns about Garda methods in probing suspected criminal offences at Bailieboro, Co. Cavan. He submitted his suspicions of malpractic­e and corruption in the Cavan-Monaghan division to Garda chiefs in 2008.

Thereafter he made a number of complaints to the Confidenti­al Recipient of Garda whistleblo­wing, who allegedly told him that the establishm­ent would crush him if he crossed people. The Confidenti­al Recipient subsequent­ly had to resign.

The handling of penalty points in the division – and, by implicatio­n, across Ireland – became a particular flashpoint, being highlighte­d by Independen­t TDs Mick Wallace and Clare Daly in particular.

Lawyer Seán Guerin was appointed by the Government to conduct an independen­t review of Mr McCabe’s allegation­s in 2014. His report called for a further inquiry – and the O’Higgins Commission was set up. In the meantime, then justice minister Alan Shatter had resigned after being wrongly criticised by Mr Guerin, as subsequent­ly found by the High Court after a case for judicial review taken by Mr Shatter. Mr Shatter now says he was pressurise­d to go by then-taoiseach Enda Kenny.

The O’Higgins Commission also soon discovered that the legal team acting for then Garda commission­er Noirín O’Sullivan (who had replaced early-retiring Martin Callinan) were accusing Sgt McCabe of acting out of malice. Leaked transcript­s of the O’Higgins proceeding­s showed that a barrister for Ms O’Sullivan had been instructed to question Sgt McCabe’s motivation in bringing complaints against the force. Senior counsel for Ms O’Sullivan – who resigned in September – later told the inquiry it was an error on his part to have suggested she had ordered him to question the whistleblo­wer’s integrity.

Frances Fitzgerald is now drawn in because she claimed she had only learned of the Garda legal strategy as justice minister at the same time as everybody else – when the transcript­s were leaked last year. But it now turns out the Attorney General’s office had raised it a year earlier in a phone call to a senior official in her department before cross-examinatio­n had begun.

The recipient of this call then consulted another senior department official, and on foot of this, an email with the informatio­n was sent to Ms Fitzgerald in May 2015. The Tánaiste does not recall getting or reading this explosive email that referenced a criminal complaint against Sgt McCabe which he denied. Fianna Fáil leader Micheál Martin said yesterday Sgt McCabe denied this was what the commission row was about.

Lost all credibilit­y when witness produced a tape

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