The Irish Mail on Sunday

Eleven years of reports, allegation­s and the long battle for justice

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THE BEGINNING

JANUARY 2006 The Garda whistleblo­wer saga started over a decade ago. Sergeant Maurice McCabe of Bailieboro­ugh Garda Station makes a complaint against a colleague that later results in a disciplina­ry sanction on that colleague. DECEMBER 2006 The same colleague who had been discipline­d makes a criminal complaint against Sgt McCabe on behalf of his daughter, alleging sexually inappropri­ate behaviour. The allegation is investigat­ed fully and the Director of Public Prosecutio­ns concludes there are no grounds for a prosecutio­n. The investigat­ion takes a number of months.

2007-2008 Sgt McCabe becomes concerned about the force’s handling of suspected criminal offences. Sgt McCabe outlines concerns about Garda practice regarding two officers. He submits a file to Garda authoritie­s alleging malpractic­e and corruption in his own division of Cavan-Monaghan. He later brings a series of complaints to the confidenti­al recipient, the official tasked with processing garda grievances about the force. An investigat­ion starts in May and in June 2008 Sgt McCabe transfers out of Bailieboro­ugh Garda Station.

INITIAL INVESTIGAT­IONS

OCTOBER 2010 Sgt McCabe meets with then assistant commission­er Derek Byrne and then chief superinten­dent Terry McGinn. The meeting is to inform him of the outcome of their investigat­ion into 46 separate allegation­s made by him. Eleven of the allegation­s were upheld, 10 were being investigat­ed, five had identified issues and the rest were not upheld. There is a confrontat­ion between Mr Byrne and Sgt McCabe, in which Mr Byrne blocked his path and took two boxes of Pulse printouts from him. Sgt McCabe made a complaint to the Garda Commission­er in October 2010, disputing the findings of the Byrne-McGinn investigat­ion, alleging assault against Mr Byrne and making further allegation­s of wrongdoing. Sgt McCabe later withdraws allegation­s of impropriet­y against Mr Byrne.

APRIL 2012 Sgt McCabe comes forward with concerns and allegation­s relating to the cancelling of penalty points by gardaí. He is supported in his allegation­s by Garda whistleblo­wer John Wilson. Throughout the summer, his claims are dismissed until they are eventually raised by Deputy Mick Wallace in the Dáil. NOVEMBER 2012 Under increasing political pressure, then justice minister Alan Shatter orders an internal inquiry, to be chaired by Assistant Commission­er John O’Mahony, into penalty point allegation­s. APRIL 2013 An interim report by Mr O’Mahony on the practice of gardaí terminatin­g penalty points sees three out of 113 Garda officers who cancelled points faced with disciplina­ry procedures. Garda management claim the report is a general vindicatio­n, but political supporters of Sgt McCabe argue that the report does not go far enough.

ALLEGATION­S RESURFACE

JULY 2013 With the penalty point row at the top of the current affairs agenda, in the background allegation­s of sexual assault against Sgt McCabe were again emerging. This time, a HSE counsellor notifies the HSE Child Protection Services, the precursor to Tusla, that a client she had been counsellin­g disclosed to her that she had been sexually abused in childhood. According to the counsellor’s report – later proven to be mistaken – the complaint alleged digital penetratio­n. Days after receiving the report, gardaí involved in the original investigat­ion were contacted. But it has been reported that a formal Garda notificati­on outlining details of the allegation was not sent to the superinten­dent of the district involved for another eight months. OCTOBER 2013 The Comptrolle­r and Auditor General publishes a report on the penalty points scandal, supporting the claims of the whistleblo­wers. Mr Shatter criticises the whistleblo­wers in the Dáil, alleging they did not co-operate with the Garda investigat­ions into their allegation­s that gardaí had corruptly terminated penalty points. This is disputed by the whistleblo­wers.

THE PUBLIC ACCOUNTS COMMITTEE

JANUARY 23, 2014 The then Garda commission­er Martin Callinan appears before the Public Accounts Committee in January, 2014. He says it is ‘quite disgusting’ that out of a force of 13,000, two people are alleging ‘malpractic­e and corruption’ against their fellow officers. JANUARY 30, 2014 Sgt McCabe appears before the PAC. He impresses the committee with his evidence. FEBRUARY 2014 Fianna Fáil leader Micheál Martin announces he is in possession of documents that allege a series of murders, abductions and serious assaults that were not properly investigat­ed. Mr Martin sends the dossier, compiled by Sgt McCabe, to Taoiseach Enda Kenny. Senior counsel Seán Guerin is appointed by the Government to conduct an independen­t review of Sgt McCabe’s allegation­s.

COMMISSION­ER CALLINAN RETIRES

MARCH 2014 On the night of March 24, the then secretary general at the Department of Justice Brian Purcell arrives at Mr Callinan’s home. The Garda commission­er resigns the following day. He will later say that this visit was the ‘direct cause of his decision to retire’.

APRIL 2014 The Fennelly Commission of Investigat­ion is launched into the recording of phone calls in Garda stations. It is also set to investigat­e the events leading up to the retirement of Mr Callinan as commission­er.

APRIL 7, 2014 An article is published in the Irish Independen­t stating that a young woman who was allegedly sexually assaulted as a child by a serving garda claims her case was flawed. The girl in question is understood to be the same girl who made allegation­s against Sgt McCabe in 2006 and repeated those allegation­s to her counsellor in 2013.

MAY 2014 The Guerin Report is published. It found Mr Callinan and then justice minister Alan Shatter failed in their duties to properly investigat­e allegation­s of corruption and malpractic­e in the force. The minister resigns after reading three of 20 chapters of the report. The findings against the Justice Minister are later quashed by the High Court.

MISTAKE DISCOVERED

MAY 2014 The original HSE counsellor, who copied and pasted the serious sex abuse allegation­s into Sgt McCabe’s file, contacts Tusla, set up only in the previous January. She admits she made a ‘cut and paste’ administra­tive error in her report by including a false allegation of digital penetratio­n. A social worker immediatel­y recommends the Garda notificati­on on Sgt McCabe be amended, and updated with this informatio­n. An amended Garda notificati­on is sent to the relevant Garda superinten­dent. It won’t be the only shocking error to be made by Tusla.

DECEMBER 2015 More than 18 months after the mistake has been discovered, Sgt Mccabe receives a letter from the State agency stating that he had been under investigat­ion for abusing a child, which included the use of digital penetratio­n. Sgt Mccabe vehemently denies the claim, which is the first time he has been contacted directly by any State agency in relation to it.

MAY 9, 2016 rTÉ’s crime correspond­ent Paul reynolds is given a leaked account of a report by Mr Justice Kevin O’Higgins ‘in which Sgt Mccabe was branded a liar and irresponsi­ble’. in his commission of inquiry, Judge Peter charleton will examine who was the source for the broadcast.

MAY 11, 2016 The report by Justice Kevin O’Higgins is published. The commission finds that Mr Mccabe had ‘performed a genuine public service’ and ‘acted out of genuine and legitimate concerns’. it highlights flaws in policing in the cavan-Monaghan division caused by human error. However, it found no evidence to support claims of Garda corruption in the district. While some of Mr Mccabe’s complaints are upheld, others are deemed to be either unfounded or overstated.

ALLEGATION­S WITHDRAWN

JUNE 2016 Sgt Mccabe is informed that the child sex allegation was an error and no such complaint had been made. a social worker says the agency was obliged to investigat­e the allegation­s – but said a mistake had been made in previous correspond­ence. ‘i can confirm to you that no allegation of digital penetratio­n has been made in relation to your client,’ says the social worker. instead the girl had alleged inappropri­ate contact to her counsellor. Sgt Mccabe requests that all copies of records made on and his family be released to him. The woman who made the allegation­s informs Tusla in august she does not want to pursue the matter any further. JANUARY 2017 after requesting copies of every Tusla record relating to him and his family, Sgt Mccabe receives a file of the various, incorrect notificati­ons to the gardaí. also in January, Tusla writes to Minister for children Katherine Zappone. Ms Zappone meets Sgt and Mrs Mccabe on Wednesday, January 25.

FEBRUARY 8, 2017 Labour leader brendan Howlin tells the Dáil he was contacted by a journalist who told him ‘he had direct knowledge of calls made by the then-Garda commission­er to journalist­s during 2013 and 2014 in the course of which the commission­er made very serious allegation­s of sexual crimes having been committed by Garda Maurice Mccabe’. FEBRUARY 9, 2017 rTÉ’s Prime Time airs the explosive Tusla errors.

 ??  ?? duty: Sergeant Maurice McCabe pictured near his home in 2014
duty: Sergeant Maurice McCabe pictured near his home in 2014
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