Minister expresses concern over O’Higgins commission claims

Minister for Communications Denis Naughten has expressed concern over remarks about Garda whistleblower Sgt Maurice McCabe alleged to have been made by a barrister who said he was acting on instructions from Garda Commissioner Nóirín O'Sullivan.

Both the commissioner and Tánaiste and Minister for Justice Frances Fitzgerald have declined to comment on reports that a barrister for the commissioner at the O'Higgins commission of investigation had called into question the character and motivation of Sgt McCabe.

It has been reported that Sgt McCabe was initially accused of being motivated by malice.

They have both said they are statute-barred from commenting on any evidence given in closed session at a commission of investigation.

It was unclear whether Ms Fitzgerald would make a statement in the Dáil, where she enjoys legal privilege and so would not be impeded by law from addressing the concerns.

Cross-examination

A number of senior Garda sources said more information about the context of the claimed remarks was needed, pointing out that exchanges during legal cross-examination can become heated and robust.

And while Fine Gael Ministers asked about the controversy yesterday kicked it to touch, Independent Minister Mr Naughten was more forthcoming.

“Something like that would concern everyone but we have the report. Let’s start using that report now,” he said.

"Let's start making the changes. I know some changes have already been made in An Garda Síochána in relation to victims."

Minister for Health Simon Harris suggested the controversy amounted to a "personality" issue, adding the commissioner was legally restricted in what she could say.

“[It is] very important that we don’t allow ourselves to be sidetracked by personality issues, that we look at substantive issues in that document in relation to issues whereby we simply have to do better in relation to policing issues in the future.”

Mr Harris was speaking at a Fine Gael consultative meeting of members at the Sheraton Hotel in Athlone.

Asked for her view at the same meeting, Government chief whip Regina Doherty said: "The commissioner is entitled to have her views on it and it's up to her to react and to respond and it's not probably very helpful for me to say or to comment on what I think it is she should have said. I think she's well capable of making her own views known."

Minister for Housing Simon Coveney said: "I'll leave comments in relation to justice to the Tánaiste. That's her area."

Unpublished documents

Last Friday, the Examiner newspaper reported the detail of what it said were unpublished documents relating to the O’Higgins commission’s work.

The newspaper claims the documents showed that when Mr Justice Kevin O’Higgins asked the commissioner’s barrister whether “you are attacking [Sgt McCabe’s] motivation and attacking his character”, counsel for the commissioner replied: “Right the way through.”

There is no mention of the exchange in the commission’s final report, published last week.

The Examiner further quotes Sgt McCabe’s counsel Michael McDowell SC objecting, claiming he said at the commission: “Attacking one of our own members of our force who is in uniform and on oath when in circumstances where in public she [the commissioner] promoted him to a professional standards unit, and in public she has indicated that she accepts that he was acting in good faith et cetera, et cetera, and in private she sends in a legal team to excoriate him.”