The 14-minute call neither top garda nor official can recall
NEITHER the Garda Commissioner nor a Department of Justice chief could remember anything about a 14-minute phone call between them. The call was made at a critical time for the commissioner’s legal strategy.
Noel Waters, who stepped down in November from his role as general secretary of the department, told the tribunal he had no recollection ‘at all’ of Nóirín O’Sullivan’s call to him.
Phone records obtained by the tribunal showed that the call was made by Ms O’Sullivan on May 15, 2015 – at the exact time that the O’Higgins inquiry was on a recess and the commissioner was being asked to confirm her strategy to counsel concerning the approach to be taken to Garda whistleblower Sgt Maurice McCabe.
The O’Higgins Commission examined matters relating to the Garda’s Cavan-Monaghan division after allegations of malpractice and corruption made by Sgt McCabe.
Following an intervention by counsel for Sgt McCabe, Ms O’Sullivan’s legal team had been asked to confirm that their instructions were to attack Sgt McCabe’s motivation in making his allegations.
Shortly after the call was made, counsel for the commissioner confirmed that his instructions were to challenge Sgt McCabe’s credibility and motivation.
During cross-examination by Michael McDowell SC, for Sgt McCabe, yesterday Mr Waters said he had no recollection of the call. However, he said: ‘I have no reason to disbelieve that she said she was speaking to me in the light of the billing records.’
Mr Waters said he had no recollection of any mention being made of a legal strategy by Ms O’Sullivan.
He suggested that the then commissioner may have called him about ‘other issues at the time’.
The tribunal was shown a statement from Ms O’Sullivan, in which she said she understood that the phone records showed she had contacted Mr Waters, but that she too had no recollection of the conversation.