Irish Independent

Ex-commission­er O’Sullivan and her son sue newspaper in defamation case

- Shane Phelan Legal Affairs Editor

FORMER Garda commission­er Nóirín O’Sullivan and her son, Ciaran McGowan, are taking defamation proceeding­s against the publishers of ‘The Sunday Times’.

The cases are understood to relate to an article published about the appearance of broadcaste­r and journalist Paul Williams at the Disclosure­s Tribunal.

Earlier this year, Mr Williams, who works for Newstalk and the Irish Independen­t, initiated a defamation suit against Times Newspapers Ltd over the article, published in ‘The Sunday Times’.

The piece, which appeared in July 2017, incorrectl­y stated that an interview conducted by Mr Williams with a woman known as Ms D in 2014 was recorded by Mr McGowan, a photograph­er and Ms O’Sullivan’s son.

The newspaper later acknowledg­ed this was an error and issued an apology to Mr Williams, Mr McGowan and Independen­t News & Media.

“The interview was in fact recorded by a female videograph­er and Mr McGowan had no involvemen­t whatsoever in the matter,” it said in the apology.

Separate sets of High Court proceeding­s were initiated by Ms O’Sullivan and Mr McGowan on Thursday. A spokeswoma­n for Times Newspapers Ltd said it had no comment to make about the legal actions.

Ms O’Sullivan was Garda commission­er at the time the article appeared in ‘The Sunday Times’.

She stepped down in September 2017, saying an “unending cycle” of investigat­ions and inquiries was making it difficult for her to implement cultural and structural reforms in the Garda force.

Ms D was a young woman who alleged in 2006 that she had been sexually assaulted years earlier as a child by Garda whistleblo­wer Maurice McCabe.

Sgt McCabe was cleared any wrongdoing in 2007.

The Director of Public Prosecutio­ns decided that even if the claims, which were disputed, were correct, the events described would not constitute a crime.

Mr Williams interviewe­d Ms D in early March 2014.

A piece was subsequent­ly published in the Irish Inde

pendent the following month in which she claimed the investigat­ion was flawed.

The article did not name Ms D or Sgt McCabe.

However, tribunal chairman Mr Justice Peter Charleton praised the investigat­ion, saying it would be a very good example for teaching purposes of how to conduct an inquiry of this kind.

The tribunal has been investigat­ing claims by former Garda press officer Supt Dave Taylor that the sexual assault allegation was dredged up in 2013 to discredit Sgt McCabe, who was highlighti­ng penalty points abuses and other malpractic­e in the force.

Supt Taylor has claimed he was instructed to negatively brief journalist­s about it by the then commission­er, Martin Callinan, and with the knowledge of Ms O’Sullivan, who was deputy commission­er at the time.

Both have denied his allegation­s.

Mr Williams is one of 12 journalist­s Supt Taylor claims to have negatively briefed about Sgt McCabe.

However, most of those identified, including Mr Williams, have said they were not negatively briefed about Sgt McCabe, while others have exercised journalist­ic privilege.

The tribunal is expected to issue its findings in October.

 ??  ?? Former Garda commission­er Nóirín O’Sullivan
Former Garda commission­er Nóirín O’Sullivan

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