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Garda Commissioner denies 'malice' instruction to lawyers

The Garda Commissioner says she did NOT instruct her legal team to question the integrity or motivat...
TodayFM
TodayFM

1:24 PM - 25 May 2016



Garda Commissioner denies '...

News

Garda Commissioner denies 'malice' instruction to lawyers

TodayFM
TodayFM

1:24 PM - 25 May 2016



The Garda Commissioner says she did NOT instruct her legal team to question the integrity or motivations of the Garda whistleblower, Sergeant Maurice McCabe.

Noirin O'Sullivan says the Garda legal team was "not at any stage" instructed to impugn the integrity of Sergeant McCabe, or to make the case that he had acted maliciously.

The statement from Ms O'Sullivan is her first comment since the leak of partial transcripts from legal arguments at the Commission.

In those transcripts, her senior counsel said he had been told to raise allegations about Maurice McCabe's motivations and integrity - the latter of which was withdrawn. 

O'Sullivan does, however, say it's not unreasonable, improper or avoidable to subject his evidence - or that of any witness - to cross examination.

She also notes that in some cases, Maurice McCabe's allegations were deemed unfounded - and that in at least one case, they were based on a belief which was not supported by evidence.

The senior counsel concerned, Colm Smyth, was appointed by the Office of the Chief State Solicitor, an arm of the office of the Attorney General.

Officers claimed McCabe had admitted malice

The leaked transcripts outlined how two officers claimed to have taken notes of a meeting with Maurice McCabe, in which he admitted acting out of malice towards a superior officer.

That argument was only later dropped after McCabe produced a covert recording of the conversation, showing he said no such thing.

The Commissioner says she's now asking the Minister for Justice to use HER powers to refer those claims to the Garda Ombudsman, so that they can be investigated in the public interest.



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