Sunday Independent (Ireland)

Whistleblo­wer details smear campaign claim, but it’s no easy ride for McCabe in hotseat

Counsel for the Garda turn spotlight on unfounded allegation­s made by sergeant, writes Shane Phelan

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SERGEANT Maurice McCabe gave some powerful evidence at the Disclosure­s Tribunal, but his time in the witness box was far from easy for the whistleblo­wer.

It was a trying experience in a number of respects.

During cross-examinatio­n, his memory of a pivotal event leading to the setting up of the tribunal was challenged.

He had to apologise over a statement alleging he had been shouted at by legal counsel during the O’Higgins Commission, while the spotlight was also turned on a number of unfounded and very serious allegation­s he made against some senior gardai.

The picture that emerged following his lengthy cross-examinatio­n last Tuesday and legal submission­s two days later was of someone who didn’t always get things right.

Yes, Sgt McCabe took on the powers-that-be and exposed all manner of malpractic­e in An Garda Siochana, but those assembled in George’s Hall at Dublin Castle were reminded by counsel for An Garda Siochana that he also got some things badly wrong.

Sgt McCabe’s evidence was strongest when he described conversati­ons with former Garda press officer Supt Dave Taylor and Fianna Fail TD John McGuinness. These crystallis­ed for him that he had been smeared in the most appalling way by former Garda Commission­er Martin Callinan. Sgt McCabe became emotional as he recounted details of a meeting with Taylor at the superinten­dent’s Dublin home in September 2016.

A rapt public gallery watched as he outlined how Supt Taylor revealed he had spread a child sexual assault smear against Sgt McCabe among senior gardai, journalist­s and politician­s on the instructio­n of Mr Callinan and with the knowledge of his successor Noirin O’Sullivan.

Both have denied any knowledge or involvemen­t in a smear campaign.

Then there was Sgt McCabe’s evidence in relation to what Mr McGuinness told him about a meeting the TD had in a hotel car park with Mr Callinan in January 2014. Mr Callinan was alleged to have told the then Dail Public Accounts Committee chairman that Sgt McCabe had abused his own children and his nieces and was not to be trusted. He denies this.

This was done shortly before Sgt McCabe was due to brief the PAC on widespread penalty points abuses he had uncovered, a meeting which went ahead in private despite the alleged interventi­on of Mr Callinan. The sickening allegation, denied by Mr Callinan, sent a shiver around the hall and the following day a barrister for Mr McGuinness corroborat­ed the central thrust of the alleged conversati­on. However, the remainder of that day was difficult for Sgt McCabe as he was cross-examined by barristers representi­ng Supt Taylor and An Garda Siochana. Tara Burns SC, for Supt Taylor, pointed out a number of contradict­ions between Sgt McCabe’s account of the September 2016 conversati­on and that of her client. Chief among these was Supt Taylor’s contention that he never said Mr Callinan composed derogatory texts and asked him to send them on. Ms Burns put it to Sgt McCabe that he was upset and perhaps misremembe­red what was said. But he insisted his recollecti­on was correct.

Shane Murphy SC, counsel for Mr Callinan, Ms O’Sullivan and other senior former and current gardai, ran through the findings of the O’Higgins Report, which examined allegation­s made by Sgt McCabe of malpractic­e in the Cavan/Monaghan area.

In particular he noted complaints either withdrawn by Sgt McCabe or which Mr Justice O’Higgins ruled to be unfounded. These included a complaint against Mr Callinan of corruption in relation to the placing of a superinten­dent on a promotions list. In response, Sgt McCabe pointed out there were also a number of incidents that he was blamed for “in the wrong”.

Questioned by his own counsel, Michael McDowell SC, Sgt McCabe clarified that corruption had a different meaning under the Garda regulation­s and that he had never sought to infer corruption in the criminal sense.

Also during his evidence last Tuesday, Sgt McCabe apologised over a claim he had been shouted at by counsel for the Garda Commission­er at the O’Higgins Commission. The allegation was made in a statement submitted by his legal team, but which he had signed off on.

It has been repeatedly referred to by tribunal chairman Mr Justice Peter Charleton, who has said it was not corroborat­ed by audio recordings and transcript­s.

Mr Murphy read a letter from Sgt McCabe’s solicitor, which stated the allegation was included in the statement due to an error on the part of a person in the solicitor’s office.

On Thursday, during legal submission­s, Mr Justice Charleton said he couldn’t buy that it was just a mistake. The complaint was in “a long narrative about shouting and having to ask people to stop shouting”, he said.

 ??  ?? EVIDENCE: Garda Sergeant Maurice McCabe arriving at the Disclosure­s Tribunal in Dublin Castle. Inset right, former Garda Commission­er Noirin O’Sullivan
EVIDENCE: Garda Sergeant Maurice McCabe arriving at the Disclosure­s Tribunal in Dublin Castle. Inset right, former Garda Commission­er Noirin O’Sullivan
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