Irish Independent

Tusla ‘not involved in cover-up’ on McCabe file

- Gerard Cunningham

A SENIOR Tusla executive has denied there was a cover-up after a false allegation of sexual abuse was placed in a file against Garda whistleblo­wer Sergeant Maurice McCabe.

The agency’s chief operations officer, Jim Gibson, also told the Charleton tribunal, which is looking at claims of a smear campaign against Sgt McCabe, that he wasn’t aware of any evidence of improper Garda meddling in the case. “We as an agency stated clearly in January of this year that we made serious case management mistakes,” Mr Gibson said.

In 2006, Ms D made an allegation she had been sexually assaulted by Sgt McCabe in 1998.

After an investigat­ion, the DPP decided that the allegation would not constitute an offence.

A Tusla file on Sgt McCabe was subsequent­ly opened after Ms D sought counsellin­g in 2013, to which more serious allegation­s from an unrelated case were incorrectl­y added.

Mr Gibson (pictured) said the case was characteri­sed by failures in governance and oversight. “This isn’t just a series of lapses,” said Michael McDowell SC, representi­ng Sgt McCabe.

“This is a deliberate decision not to inquire as to how this had gone so catastroph­ically wrong.”

Mr McDowell said there seemed to be “an absolute determinat­ion to put nothing on the record as to what went wrong” and that Tusla area manager Gerard Lowry erred in not reporting the case to his superiors.

Mr Gibson said this was not correct. “The Child and Family Agency was not involved in a cover-up,” he said. “To insinuate that Gerry Lowry or any one else was involved in a cover-up is not evidenced in my opinion.”

Mr McDowell said “we would have a clearer picture of what happened” if an explanatio­n had been demanded by Mr Lowry when the error was uncovered.

Mr Gibson said he was not aware of any evidence of improper Garda involvemen­t or meddling in the case. “I’m assured by management involved in this case that there was no evidence of such behaviour.”

Mr Gibson said he was disappoint­ed the case had not been escalated “given the profile of the subject”. He said Mr Lowry “made a profession­al decision not to escalate it with the national office”.

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