Irish Independent

McCabe asked to leave role as he felt ‘under threat’ from O’Sullivan

Garda whistleblo­wer wanted to step down after challenge to credibilit­y

- Shane Phelan Legal Affairs Editor

SERGEANT Maurice McCabe felt “under threat” from then Garda commission­er Nóirín O’Sullivan after her lawyers sought to challenge his motivation for raising concerns about malpractic­e in the force at a behind-closed-doors inquiry.

The whistleblo­wer told his superinten­dent, Alan Murray, he wanted to leave his post as sergeant in charge of the Garda traffic unit in Mullingar because if anything was to go wrong “it would come down on him like a tonne of bricks”.

The startling conversati­on occurred three days after lawyers for Ms O’Sullivan indicated at the O’Higgins Commission they would be challengin­g his motivation and credibilit­y.

Details of the conversati­on on May 18, 2015, emerged at the Disclosure­s Tribunal, which is investigat­ing whether Ms O’Sullivan relied on unjustifie­d grounds to discredit Sgt McCabe at the commission.

A memo, written by Supt Murray and sent up the chain of command, said Sgt McCabe “did not feel safe” remaining in the sergeant-in-charge role.

“As an explanatio­n, he indicated the reason was Nóirín O’Sullivan and that he felt under threat,” Supt Murray’s memo said.

Ms O’Sullivan told the tribunal she could understand Sgt McCabe may have felt under pressure at the commission.

But she added: “I was at a loss to know what he meant when he said he was under threat from me and that if something happened I would be down on him like a tonne of bricks, because that was certainly never the impression given.”

During almost four hours of questionin­g, Ms O’Sullivan defended her decision to instruct lawyers to challenge Sgt McCabe. She said the instructio­n was based on legal advice and that while credibilit­y and motivation were to be examined, she never considered Sgt McCabe to be “malicious” or lacking integrity.

The legal advice arose from a consultati­on meeting on May 11, 2015, attended by gardaí and lawyers during which three barristers were briefed on Sgt McCabe’s background.

Tribunal chairman Mr Justice Peter Charleton has said that at the briefing Sgt McCabe was portrayed as a bitter man who was prone to exaggerati­on.

Ms O’Sullivan was not present and the legal advice was relayed to her afterwards.

It left her with “an unpreceden­ted dilemma”, but ultimately she approved the strategy as she felt his evidence had to be tested. “I was very satisfied that the advice was coming from a competent and profession­al legal team,” she said.

Ms O’Sullivan said she had been absolutely committed to supporting Sgt McCabe in the workplace and that it “wasn’t an easy decision” to challenge him at the commission.

“I was very aware that it would change Sgt McCabe’s perception of me,” she said.

The briefing appears to have included some of the background to the Ms D case, where Sgt McCabe was cleared of an allegation of sexually assaulting the daughter of a colleague.

The barristers were told he was unhappy the full DPP directions were not circulated.

“It certainly seems to me Sgt McCabe was very frustrated by his perception this matter was not being dealt with adequately by [Garda] management,” said the former commission­er.

After a row developed over the legal strategy on May 15, the second day of the commission, lawyers for Ms O’Sullivan were asked to reconfirm their instructio­ns. This led to a flurry of phone calls to her from Chief Supt Fergus Healy, the Garda liaison officer to the commission.

Initially Ms O’Sullivan suggested they seek an adjournmen­t. When this was rejected she said the lawyers were to proceed with their instructio­ns.

Her decision was relayed immediatel­y after a 14-minute phone call with then-Department of Justice secretary general Noel Waters. Ms O’Sullivan said she didn’t have a specific recollecti­on of the call but believes she would have mentioned the legal row at the commission as well as the foiling of a planned terror attack on Prince Charles, who was due to visit Ireland the following week.

 ??  ?? Former Garda commission­er Nóirín O’Sullivan at the tribunal. Inset: Sgt Maurice McCabe and his wife Lorraine. Photos: Gareth Chaney
Former Garda commission­er Nóirín O’Sullivan at the tribunal. Inset: Sgt Maurice McCabe and his wife Lorraine. Photos: Gareth Chaney

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