Mediation route is offered in McCabe lawsuit

THE State is to formally invite garda whistleblower Maurice McCabe to enter into mediation to resolve his bid for compensation, the High Court has heard.

Sgt McCabe’s barrister yesterday sought to obtain the court’s judgment as to the amount of damages the whistleblower is owed, stating that the State has not yet filed any defence to his action.

The court heard in December that the State was conceding liability in a personal injuries case Mr McCabe has taken against An Garda Síochána, the Attorney General and former Garda commissioner Martin Callinan.

The case had been set down for April for an assessment of damages.

Counsel for the State, Gerard Meehan BL, said yesterday that the State did not wish to enter a defence to retired Garda sergeant McCabe’s action before mediation began.

Judge Leonie Reynolds asked if he feared that a stated defence could frustrate the mediation process.

‘Yes,’ he replied, adding that he believed mediation would help not just the case

‘The State intends to write to the plaintiff’

currently before the court, but a number of other cases involving Mr McCabe and related parties.

Mr Meehan told the court: ‘The State is of the view that the case could appropriately be dealt with by mediation. The State intends to write to the plaintiff asking for mediation.’

He said this invitation would be contained in an open letter to Mr McCabe’s solicitor.

Judge Reynolds said she would grant an adjournment to allow mediation to be considered, saying it would be in everyone’s interests to resolve matters expeditiously.

Mr McCabe, now retired, has already received an official apology from the State, made by Justice Minister Charlie Flanagan in the wake of the Disclosures Tribunal report.

Mr McCabe was vindicated by the tribunal for his work to expose penalty points abuse and other Garda malpractice.

Judge Charleton said that Mr McCabe was a genuine person who suffered a ‘campaign of calumny’ at the hands of former Garda commissioner Mr Callinan and the former Garda press officer, retired superintendent David Taylor.