Garda Commissioner Noirin O'Sullivan.

Garda Commissioner to appear before Policing Authority

The Garda Commissioner Noirin O’Sullivan is to appear before the Policing Authority today to answer questions on the findings of the O'Higgins Commission report into allegations of garda misconduct in the Cavan/Monaghan division. 

The Dáil will also continue a debate on the O'Higgins report.

Yesterday, Garda Commissioner Noirin O’Sullivan said that the claims that the legal team for the gardaí were instructed to make a case that Sergeant Maurice McCabe acted maliciously in his actions are untrue and damaging to public trust in gardaí.

In a statement she says that claims that two senior gardai who allegedly tried to misrepresent matters surrounding Sgt McCabe’s claims have been referred to GSOC, the Garda ombud.

The commission, chaired by former High Court Judge Kevin O'Higgins, was set up to report on Garda activities in Bailieborough in 2007 and 2008 on the back of Mountnugent man Sgt McCabe’s claims that serious criminal cases were mishandled.

Gda Commissioner O’Sullivan has been under pressure to address whether or not the Gardaí's lawyers were to attack Sgt McCabe’s character to discredit his evidence.

“With reference to my previous statement of the 16th May 2016 there have been calls for further clarification regarding the instructions given to the legal team representing An Garda Síochána and the approach adopted by it, in relation to the proceedings of the Commission,” said the commissioner.

“What is at the heart of the present controversy is that, despite legal prohibitions and the clear view expressed by Mr Justice O’Higgins about the confidentiality of the Commission’s proceedings, certain selective information purporting to relate to those proceedings has been put into the public domain.'

‘Selective’, ‘unsourced’, ‘unverified’

“By ‘selective’ I mean transcripts of no more than three minutes of what happened at a Commission which ran for 34 ten-hour days, generating thousands of pages of transcripts. This has been accompanied by an unsourced and unverified account of an alleged part of the proceedings.

“Whatever the sources of information or misinformation that has been put into the public domain the inevitable effect is the risk to public confidence in An Garda Síochána being damaged in a very unfair way.

“I can confirm that An Garda Síochána’s legal team was not at any stage instructed to impugn the integrity of Sgt Maurice McCabe or to make a case that he was acting maliciously. I would emphasise that the overriding objective of An Garda Síochána, and its legal team, was at all times to assist the Commission in carrying out its statutory functions and to establish all relevant facts in relation to the matters referred to it for investigation as set out in its terms of reference.

“This brings me to the charge which is in the public domain that is the most difficult to deal with sensitively and which is one of the reasons I have been reluctant to enter into public comment about this matter. Whatever its source, the net charge that is now being made is that the credibility and motivation of Sergeant McCabe was challenged.

“I can only deal with this on the basis of what is set out in the Commission Report and I am conscious that this involves dealing with certain findings in relation to allegations of corruption and malpractice. I have no wish to rehearse this matter again but it is simply impossible not to do so in addressing it.

'As Commissioner of An Garda Síochána, I have a duty to all its members and former members. Having regard to the nature and seriousness of the allegations, and the duty to assist the Commission in its task of establishing the facts and truth, I cannot see how it would be in any way unreasonable, improper or avoidable to appropriately test and cross examine the evidence of all persons giving evidence to the Commission including Sergeant McCabe.

GSOC referral

“The Commission found, in relation to certain allegations; these hurtful allegations to be unfounded and in at least one case based on a belief, but unsupported by evidence, and that those against whom such complaints were made lived for many years under the strain of those allegations.

“There has been a suggestion in recent reportage that two senior officers had sought to misrepresent before the Commission the contents of a meeting they held with a Sergeant in Mullingar in 2008. In those circumstances, and in order to resolve any public disquiet, misplaced or otherwise which may arise, and in the interest of fairness to all involved, I have requested the Minister for Justice, pursuant to her powers within the Garda Síochána Act, to refer that aspect to the Garda Síochána Ombudsman Commission for the purpose of investigating it in the public interest.

“A Protected Disclosures Manager has now been appointed and we have begun establishing a dedicated team who will be appropriately trained to oversee all matters related to whistleblowers,” said the commissioner, adding that “An Garda Síochána fully accepts the findings of the O’Higgins Commission and we are committed to learning all lessons and fully implementing the recommendations”.

 

FULL STATEMENT from Noirin O'Sullivan, Garda commissioner: