11 Questions for Tribunal as Module Ends
The Chairman of the Disclosures Tribunal has questioned whether there was any basis to investigate the current module – or was it all based on leaks and conjecture.
The Tribunal has been engaged for the past month in examining whether Noirin O’Sullivan relied on inappropriate grounds to discredit Maurice McCabe at the O’Higgins Commission of Investigation.
Evidence in this module has now concluded, with Chairman Peter Charleton set to consider 11 questions, two of which he’s already answered no to.
Maurice McCabe will give his evidence at the start of the next module, later this month.
Concluding proceedings for this week, Mr Justice Charlton said that that given the context of the Terms of Reference – there are some questions to ask.
“Let’s bear in mind that the Tribunal is tasked to see whether the false allegations of abuse or other unjustified grounds were relied on by Noirin O’Sullivan to discredit Sgt McCabe at the O’Higgins Commission”
He said in light of that – given there’s only one small peice of jigsaw left – I would pay particular regard to a number of questions;
- Were there false allegations of sexual abuse relied on by Noirin O’Sullivan to discredit Maurice McCabe at the O’Higgins Commission – everyone seems to be agreed there weren’t - and the Chairman answered no to this.
- Were any unjust grounds relied on inappropriately to discredit Maurice McCabe – by Commissioner O’Sullivan?
- What are the limits appropriately of cross examination, cross examination as to credibility and cross examination as to credit?
- What evidence is there that the letter outlining the Garda legal strategy was a) a mistake b) an uncorrected mistake due to error or was it deliberate?And second part – what has this if anything to do with Noirin O’Sullivan?
- Was there any that the Commissioner intended to challenge the credibility or motive of Sgt McCabe or was it to challenge the bona fides/mala fides or integrity of Maurice McCabe?
- Is Garda counsel correct to say that the use of the word integrity was incorrect – was it said in the heat of moment or was it the Commissioner saying one thing publicly and then using strategy of attacking Maurice McCabe privately at the Commission?
- Is there any evidence of unpleasantness of counsel – no record of shouting – given that Dept of Justice authorised phrase aggressive stance – what finding should we make in respect of that.
- Is there any evidence of a dark truth of going after Maurice McCabe at the Commission which emanates from the Apex of the Garda organisation and is to be ascribed in particular to Noirin O’Sullivan?
- Did the Department and Minister behave lawfully in leaving any question of legalstrategy to the Garda Commissioner?
- The Chairman prefaced this question by saying the answer seems to be no – is there any way in which the Commission inappropriately handled matters ? Mr Justice Peter Charleton said no – it seems to me the Commission handled matters absolutely appropriately.
- Was there any basis to ask the Tribunal to investigate this module – or is it based entirely on leaks or conjecture?