Top garda called for McCabe sex claim to be reinvestigated
A SENIOR garda recommended a sexual assault allegation against Sgt Maurice McCabe be reinvestigated by the Garda cold case unit.
Supt Leo McGinn made the recommendation after receiving a referral from Tusla of an incorrect allegation of digital rape against Sgt McCabe.
He admitted at the Disclosures Tribunal that media reports at the time of the referral influenced his decision to make the recommendation to his superior officer, Chief Supt James Sheridan.
He made the recommendation on May 7, 2014, the same day the incorrect referral form was received by Bailieborough garda station from Tusla.
Chief Supt Sheridan did not act on Supt McGinn’s recommendation as he had determined by May 20 that an error had occurred and an incorrect allegation had been notified to gardaí.
The tribunal has previously heard that a woman known as Ms D alleged she was “dry humped” by Sgt McCabe during a game of hide and seek when she was aged six or seven. The matter was investigated and the DPP determined that no offence had occurred. A serious error by a HSE counsellor led to an inflated allegation against Sgt McCabe being placed in a Tusla file in 2013 and subsequently referred on to gardaí.
Questioned by tribunal counsel Diarmaid McGuinness SC, Supt McGinn defended his decision to recommend a reinvestigation. He said it was based on his concern about the original allegation being investigated by a local officer, Supt Noel Cunningham, who knew both Sgt McCabe and Ms D’s father, who was also a garda.
He said he felt it would have been better if it was examined by people outside the district.
“At least people would have been able to say eyes outside the Cavan/Monaghan division had looked at this,” he said.
Supt McGinn said another reason for suggesting a reinvestigation of the case was that Sgt McCabe had been mentioned in the media, and the Guerin scoping inquiry, into allegations Sgt McCabe had made about deficiencies in policing practices in Cavan/Monaghan, was under way.
He said he felt if there was “going to be a tribunal down the road” it would be better to have the matter reviewed.
Supt McGinn insisted he had “no axe to grind” with Sgt McCabe and had never met him.
He admitted under questioning that he didn’t have access to the original investigation file or the DPP’s directions when he made the recommendation.
All he knew was that Supt Cunningham’s investigation related to a sexual assault.
“I didn’t know the gravity of it or the extent of the investigation,” he said.
He also admitted that he didn’t contact Supt Cunningham to ask him about the investigation.