Whistleblower left after malpractice reports ‘ignored’
GARDA whistleblower Maurice McCabe told his superintendent he was forced out of his job as sergeant-in-charge at Bailieborough garda station as a result of victimisation and a lack of support.
Sgt McCabe told his then-superintendent Michael Clancy in March 2008 a number of concerns he had raised about malpractice at the station were not dealt with and he had ended up being victimised.
The Disclosures Tribunal heard a transcript of a recorded conversation in which Sgt McCabe claimed he had effectively been constructively dismissed.
In the months preceding the conversation he had made a series of serious complaints to Supt Clancy about the conduct of colleagues at the Garda station.
These included members not turning up for duty on time or at all, gardaí not doing foot patrols, investigation files not being done or being done very poorly, incidents not being investigated, gardaí hanging around the station, public officers reading the newspaper and watching television on duty, calls not being attended to, assignments not being performed, warrants not being executed, and incidents not being recorded on Pulse.
On March 4, 2008, he wrote a letter saying he was vacating his sergeant-in-charge role and seeking a transfer, due to a lack of management support, standards, accountability and duty to the public at the Garda station.
Giving evidence to the tribunal, Sgt McCabe said “the straw that broke the camel’s back” was an assault case where the victim was asked to withdraw their statement.
Victimised
On March 11 that year he discussed his concerns with Supt Clancy and the conversation was recorded. A transcript was read by tribunal counsel Patrick Marrinan SC. He quoted Sgt McCabe as saying: “I mean investigation files were not being done and I brought this to your attention and I suffered as a result. I was completely victimised as a result.”
Sgt McCabe went to say: “I was forced out of my position as a result of my employer and that is constructive dismissal.”
He told Supt Clancy it was unfair to expect him to remain at the Garda station when he didn’t have the backing of his superintendent.