The first consultation with the legal team representing Garda HQ at the O’Higgins commission discussed the rejected child sex assault allegation that had been made against Sgt Maurice McCabe, the Charleton tribunal has heard.
A note of the meeting indicates that at one stage the lawyers were told that Sgt McCabe had said to Assistant Garda Commissioner Derek Byrne: “I will bring this job to its knees.” There was also a note taken that Superintendent Noel Cunningham, who had investigated the sexual assault allegation, would “give us full details of this” to the legal team.
The meeting was also told, according to the note, that Sgt McCabe had claimed he had been “assaulted” and subjected to false imprisonment during a meeting in a hotel room in Monaghan with assistant commissioner Derek Byrne. Supt Cunningham had also investigated this matter, according to the note by Annmarie Ryan of the Chief State Solicitor’s office. No charges were brought.
The tribunal is investigating whether false allegations of sexual abuse or any other unjustified grounds were inappropriately relied upon by then commissioner Nóirín Ó’Sullivan at the O’Higgins commission inquiries, which were held in private in 2015, in order to discredit Sgt McCabe. The commission was established to investigate certain complaints about policing matters made by Sgt McCabe and on May 15th, 2015, the second day of its hearings, a significant dispute arose over whether Ms O’Sullivan’s legal team could attack Sgt McCabe’s motivation in making his complaints.
Senior officers
Head of legal affairs Ken Ruane told Patrick Marrinan SC that he attended a meeting at the Four Courts on May 11th with the members of the legal team that were to represent the Garda commissioner and senior officers at the then pending commission hearings. Also, there was Chief Superintendent Fergus Healy, who was to act as liaison between Ms Ó'Sullivan and the legal team at the commission.
Ms Ryan’s note of the meeting shows that there was mention of another whistleblower, John Wilson. Garda Wilson and Sgt McCabe “appear to have been working together”, the note records the meeting as having been told. The meeting was told of an historical sex-assault allegation that had been made in 2006 against Sgt McCabe by the daughter of a Garda colleague which had been discounted by the Director of Public Prosecutions. No charges were brought.
Sgt McCabe had wanted the DPP’s comprehensive finding that the allegation, even if true, would not constitute an assault, to be disclosed to the family of the young woman, but was told this was against standard procedure. “McCabe had issues at way this allegation was investigated. McCabe sought access to his file and was refused the file,” the note of the meeting states. The note also records the legal team being told of a meeting in a hotel room in Monaghan where Sgt McCabe was told there was merit in approximately one-third of the complaints and allegations he had made.
“McCabe left room and arrived back with banker boxes (2) of Pulse data (relating to Bailieboro incidents that he says were not investigated, not penalty points). Assistant Commissioner Byrne was in the room and will in due course let us know what happened in that room. McCabe claimed he was assaulted and false imprisonment. (Noel Cunningham investigated this assault.)”
A file had been sent to the DPP about the matter, but no charges were brought. The tribunal also heard that the note of the meeting with the commissioner’s legal team records the lawyers being told that McCabe had legal proceedings pending in relation to defamation and bullying and harassment claims. Mr Marrinan said the note by Ms Ryan recorded the legal team being told about matters that had to do with Sgt McCabe’s motivation and had “absolutely nothing” to do with the complaints to be investigated by the commission.
Mr Ruane said Chief Superintendent Healy was giving some of the background to the matters that were to come before the commission and may have been responding to questions. “I can see why Chief Superintendent Healy would inform counsel about this,” he said. It meant that if witnesses raised the matter, counsel would have already heard about it from a non-interested party. “I believe the chief superintendent was trying to give the background to interpersonal difficulties that had evolved between Sgt McCabe and certain officers.”
McCabe motivation
The lawyers were being given an indication as to what had led to a breakdown in relations between certain members of the force, said Mr Ruane. Mr Ruane said he spoke on the phone with Ms Ryan at 11pm on the night of May 16th and was told of the row that had arisen at the private hearings of the commission the previous day over the issue of the commissioner’s instructions to her legal team and the issue of Sgt McCabe’s motivation.
Fifteen minutes later he spoke on the phone with Chief Superintendent Healy who, according to a note Mr Ruane made, said: “Counsel wanted to know how did this begin and what started all of this.”
Asked if he was unhappy that this issue of Sgt McCabe’s motivation had been introduced during the meeting in the Four Courts, Mr Ruane replied it was introduced as part of an overall background to Sgt McCabe’s interactions with Garda management. He agreed it was certainly inconsistent and at odds with the policy of Ms O’Sulllivan and her stated attitude towards Sgt McCabe at that time.
A report by Assistant Commissioner Byrne and Chief Superintendent Terry McGinn, aspects of which were considered by the O’Higgins commission, had said that Sgt McCabe’s motivation was not an issue. Ms O’Sullivan had been supportive of the sergeant and his contribution in the wake of the report, particularly in relation to fixed penalty charges. The tribunal continues to hear evidence.
