Callinan will not bring legal challenge to PAC

Commissioner still has reservations about serving garda appearing before committee

The Garda Commissioner Martin Callinan has said the Garda Síochána will not bring legal proceedings against the Public Accounts Committee to try and stop it from hearing the evidence of a serving Garda member tomorrow.

The committee is to hear evidence in a private session tomorrow from Sgt Maurice McCabe, who has made claims about the alleged misuse of cancellations for fixed-notice penalty points.

In a statement this afternoon Commissioner Callinan said he had continued reservations a serving member of the Garda force coming before the committee.

However, he said: “ I note that the meeting will be held in private. I note too that it appears to be the intention to confine the questioning of the person concerned and, in particular, that person will not be able to make allegations against his colleagues or members of the public.”

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“I believe that, in all circumstances, it would not be in the public interest for An Garda Síochána to pursue the question of legal proceedings against an Oireachtas Committee.

“Were such action to succeed it could have consequences that extend well beyond the present case. I have every respect for the role of the Public Accounts Committee and have no doubt too that it will act strictly in accordance with the legal advice it has received in dealing with this matter,” the statement read.

“Ultimately, I believe that the investigation that the Minister for Justice, Equality and Defence has asked the Garda Síochána Ombudsman Commission to undertake is the proper manner in which to investigate the allegations that have been made and the circumstances surrounding them. An Garda Síochána will, of course, co-operate fully with that investigation and will learn any lessons there are to be learned when that investigation has concluded.

“Finally, I wish to thank the Chairman of the Committee, Deputy John McGuinness, for the courtesy he has shown me in dealing with this difficult matter,” Commissioner Callinan said.