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Garda Commissioner

and the Minister for


Justice Frances
Fitzgerald Lying Corrupt
Fine Gael
Protect Garda
Whistle-
Blowers
TUSLA counsellor 'mistakenly copied and
pasted' child rape allegations into file on garda
whistleblower
Allegations of child rape by digital penetration
TUSLA admitted to 'clerical error' in 2014
Senior members of garda aware of allegation
Maurice McCabe first heard of allegations last year
Denise Calnan, Niall O'Connor and Philip Ryan
PUBLISHED
09/02/2017
1
Whistleblower Maurice McCabe. Photo: Tom Burke
A TUSLA counsellor "mistakenly copied and
pasted" allegations of the rape of a child by
digital penetration into a file on garda
whistleblower sergeant Maurice McCabe.

RTE's PrimeTime have revealed details of a sequence of
errors which resulted in serious allegations against Mr
McCabe.
The file containing the false allegation of child sex abuse
was sent by the State child and family agency to garda and
was widely circulated in 2013, the programme reported.
The father was alleged to have abused a young girl, with
the detail that it was digital penetration, both vaginal and
anal.
TUSLA is the body responsible for the protection and
wellbeing of children.
Senior members of the force were aware of the allegation.
It was also reported no attempt was made to put the
allegations to Mr McCabe.
Tusla admitted to the "clerical error" in 2014. Meanwhile,
Mr McCabe first heard of the allegations last year.
The revelations come hours after a Fianna Fil TD queried
whether TUSLA will become part of the Commission of
Investigation into the alleged smear campaign against
sergeant Maurice McCabe.
Carlow/Kilkenny deputy John McGuinness made the
intervention towards the end of a Dil debate on the terms
of the reference for the judge-led inquiry.
Earlier during Leaders Questions, Sinn Fin deputy
leader Mary Lou McDonald asked Tnaiste Frances
Fitzgerald whether other state agencies were approached
by the garda in relation to allegations against Sgt McCabe.
Ms Fitzgerald said to her knowledge there were
approaches to the garda oversight body, GSOC. But she
was not aware of approaches to any other state agency.
But during a later Dil debate , which heard calls for the
terms of reference for the inquiry to be widened, Mr
McGuinness cited the agency TUSLA. He asked whether it
would be included in the work of the commission by
Supreme Court judge Peter Charleton.
Ms Fitzgerald replied: I think that would be entirely up to
the commission to decide but I see no reason why if there
is a relevant agency, for example the one that you mention,
that it wouldnt be included in the work of the
commission.
Queries to TUSLA and the garda press office have yet to be
answered.
The development comes as the Government and the garda
force continue to be rocked by the fallout of the allegations
of a smear campaign against Sgt McCabe.
Among the terms of reference for the commission of
investigation is to determine whether journalists were
pointed to whether Superintendent David Taylor was
directed to draw journalists attention to an allegation
of criminal misconduct made against Sgt McCabe.
In the Dil yesterday, Labour Party leader Brendan
Howlin claimed that Garda Commissioner Nirn
OSullivan was involved in the leaking allegations that Sgt
McCabe was involved in crimes of a sexual nature. She
has vehemently denied the claims in a statement.
http://www.independent.ie/irish-
news/tusla-counsellor-mistakenly-copied-
and-pasted-child-rape-allegations-into-
file-on-garda-whistleblower-
35438694.html

Garda Inquiry
Feb 9, 2017
Clare Daly TD speaking on the Terms of Reference into
Commission of Investigation regarding the Garda
Commissioner and Sgt Maurice McCabe
https://www.youtube.com/watch?v=G-
CFeQ6v6cg&feature=youtu.be
The Government are fully behind the Commissioner while
this level of corruption is allowed to fester?
Why are they so adamant in protecting her in the face of
these allegations?
More importantly, why is she allowed to remain in her
position to over seen the evidence in this case against her
office?
Shocking.

Now TUSLA dragged into


Maurice McCabe 'sex
crimes' smear
controversy
Niall O'Connor, Philip Ryan and John Downing
PUBLISHED
09/02/2017
Whistleblower Maurice McCabe. Photo: Tom Burke
A FIANNA Fil TD has queried whether the
States child and family agency, TUSLA, will
become part of the Commission of
Investigation into an alleged smear
campaign against sergeant Maurice McCabe.
Carlow/Kilkenny deputy John McGuinness made the
intervention towards the end of a Dil debate on the terms
of the reference for the judge-led inquiry.
TUSLA is the body responsible for the protection and
wellbeing of children.
Earlier during Leaders Questions, Sinn Fin deputy
leader Mary Lou McDonald asked Tnaiste Frances
Fitzgerald whether other state agencies were approached
by the garda in relation to allegations against Sgt McCabe.
Ms Fitzgerald said to her knowledge there were
approaches to the garda oversight body, GSOC. But she
was not aware of approaches to any other state agency.
But during a later Dil debate , which heard calls for the
terms of reference for the inquiry to be widened, Mr
McGuinness cited the agency TUSLA. He asked whether it
would be included in the work of the commission by
Supreme Court judge Peter Charleton.

John McGuinness. Photo: Tom Burke


Ms Fitzgerald replied: I think that would be entirely up to
the commission to decide but I see no reason why if there
is a relevant agency, for example the one that you mention,
that it wouldnt be included in the work of the
commission.
Queries to TUSLA and the garda press office have yet to be
answered.
The development comes as the Government and the garda
force continue to be rocked by the fallout of the allegations
of a smear campaign against Sgt McCabe.
Among the terms of reference for the commission of
investigation is to determine whether journalists were
pointed to whether Superintendent David Taylor was
directed to draw journalists attention to an allegation
of criminal misconduct made against Sgt McCabe.
In the Dil yesterday, Labour Party leader Brendan
Howlin claimed that Garda Commissioner Nirn
OSullivan was involved in the leaking allegations that Sgt
McCabe was involved in crimes of a sexual nature. She
has vehemently denied the claims in a statement.
http://www.independent.ie/irish-
news/politics/now-tusla-dragged-into-
maurice-mccabe-sex-crimes-smear-
controversy-35437786.html

Examination by the PAC of issues relating to the cancellation


of penalty points

The Committee of Public Accounts, having received


information from a whistle-blower alleging inappropriate
cancellation of penalty points, has now considered this
information and has decided to carry out an analysis of it in
its examination of the controls, protocols, procedures and
systems in place in the penalty point system and, in
particular, the system in place for the cancellation of penalty
points.
The whole issue of the cancellation of penalty points is the subject
of a report from the Comptroller and Auditor General which is due
to be examined by the Committee. The Committee is due to take
evidence in public from the Garda Commissioner on 23rd January
2014.
Chairman of the Committee John Mc Guinness outlined that the
Committee is entitled under law to receive and use this
information. The information received from the whistle-blower will,
for legal reasons, be anonymised and thereafter analysed in order
that the Committee can fully examine the penalty point system.
The Committee wants to ensure that the appropriate controls are
in place in relation to the cancellation of penalty points as any
weaknesses in the system could potentially result in a significant
loss of revenue to the State
to conduct an independent inquiry into
allegations made by Garda ... report that
the scope of the EU Commissions ...
Relations Commission . Oireachtas
Writtens Master

Sinn Fin's Pearse Doherty has named Garda


Keith Harrison as the latest whistleblower,
during a Dil debate on the Guerin Report.
The Guerin Report was critical of how
allegations made by garda whistleblower
Sergeant Maurice McCabe were handled by
garda, former minister for justice Alan Shatter
and the Department of Justice.
It led to the resignation of Mr Shatter last
week.
This afternoon the Dil heard claims that
whistleblower Garda Harrison was victimised
after arresting a colleague who had been
drink-driving.
Mr Doherty said that over a month ago he was
contacted by a serving garda, who articulated
serious concerns about practices in the
Westmeath district.
Garda Harrison said that after arresting a
member of the drugs unit for drink-driving, he
was targeted.
He was office bound for a period of two years,
while the officer he arrested with a high-level
of alcohol in his system was still allowed
access to garda cars and to hold a firearm.
The Sinn Fin TD said that on Monday he met
Garda Harrison and another whistleblower
Nicky Keogh along with John Wilson.
At that meeting, he said, sworn affidavits were
handed over, including one expressing
concerns about a member of a garda drugs
unit.
Mr Doherty said that it was not for him to
investigate the claims, but he could ask for
assurance that there would be no backlash
against the men.
He said that he had confidence in the garda,
but where there is wrong it must be rooted out
and whistleblowers protected.
Mr Doherty said that Garda Harrison's sworn
affidavit said that he had been totally
undermined and destroyed; his good name
and that of his family has been tarnished as a
result of his actions.
Mr Doherty said that if there are lessons to be
learned in the Guerin Report, it must be to
ensure that garda complainants who come
forward are listened to and protected.

He added: "Garda Harrison makes serious


claims about how the drunk-driving case was
struck out of court on dubious rulings and how
evidence relating to the case was stolen by a
member of the garda.
"He also claims that a member of the garda,
of officer rank stationed in the Westmeath
division, prevented successful prosecution of
individuals in a number of cases."
He said a civilian had also come forward in
recent days, who corroborates claims that
have been made by Garda Nicky Kehoe in
relation to heroin dealing and a member of
garda.
Minister for Justice and Equality Frances
Fitzgerald said the report contains deeply
disturbing findings.
She said it raises serious questions about
garda, the role of the Garda Sochna
Ombudsman Commission and the department.
Ms Fitzgerald told the Dil that all of the
findings required further investigation.
She said this must be done under the
Commission of Investigation and that wider
implications must be tackled through
significant reform.
Minister Fitzgerald said that the establishment
of an independent garda authority was one of
the most significant changes to have
happened in the history of the force.
Fianna Fil justice spokesperson Niall Collins
said Sgt McCabe was correct to highlight
failings in Bailieboro district.
He said the findings of the report were
embarrassing for Mr Shatter.
Mr Collins said the inactivity and defiance of
Mr Shatter compounded the problems.
He welcomed the Commission of Investigation
and said reform should start immediately.
Independent TD Mick Wallace said it was good
that the Guerin Report had called a spade a
spade.
Since the report was published, he said, "our
offices" have been flooded with hundreds of
calls.
He said he did not know how they would all be dealt with
and they involved some very sad cases.
Meanwhile, the Oireachtas Justice Committee has said it
will question the Secretary General of the Department of
Justice on matters of policy and administration, with a
particular focus on the Guerin Report.
The statement from the committee indicates it
is acceding to the request from Brian Purcell
not to be questioned about the circumstances
surrounding the departure of former garda
commissioner Martin Callinan.
The committee is to invite Mr Purcell to appear
before it in two weeks.
A review of the performance of the
Department of Justice was announced earlier
this week following the adverse findings in the
Guerin Report.
Exposing Corruption
Feb 10, 2017 by Rita Cahill
https://drive.google.com/file/d/0B76Txx-
4LOStc0xiSGZCTXVmSUE/view
False sex allegation against McCabe
circulated by Tusla following 'clerical error'
She did not attempt to blacken McCabe's name, she got
others to do it for her.
We live in a wonderful corrupt country, with a wonderful
corrupt police force.
A file containing a false allegation of child sex abuse against
whistleblower Maurice McCabe was sent by Tusla, the child
and family agency, to garda and widely circulated in 2013,
however no effort was made to substantiate the claim, writes
the Irish Examiner's Michael Clifford.
The abuse claims were made by a young woman in August to
a counsellor, who contacted Tusla and garda. However, no
attempt was made to contact Mr McCabe and put the
allegations to him.
In 2014, Tusla admitted a mistake had been made and
attributed the false accusation to a clerical error.
It was only last year that Mr McCabe became aware that the
highly damaging false abuse allegation had been widely
circulated. He is to take a legal case against Tusla and has
met with Minister for Children Katherine Zappone. She has
indicated a public apology will be forthcoming.
However, major questions remain as to how the allegation
came about, how it was processed by both the Garda and
Tusla, and why Sergeant McCabe was never informed about
it.

The allegation surfaced on a file in August 2013, and the


error was detected the following May, a period during which
Sergeant McCabes claims of malpractice were causing major
political and garda related controversy.

The allegation was known among senior officers in the force.


Despite this knowledge Sergeant McCabe was not informed
about it, either after the initial file was created, or once it was
discovered to be an error. He was not arrested or questioned
about the initial allegation, and neither was he informed by the
commissioner, his employer, about the error after May 2014.
Todays revelation puts in context the rumours and
propaganda that has been swirling around Sergeant McCabe
since he brought forward his claims of malpractice in the force.
Yesterday, Labour leader Brendan Howlin told the Dil that he
had been contacted by a journalist who told him he had direct
knowledge of the garda commissioner, Noirin OSullivan,
briefing journalists that Sergeant McCabe was responsible for
sexual crimes.

Mrs O'Sullivan has denied spreading the allegations of sex


crimes against Mr McCabe.
In a statement yesterday, she said she was surprised by
claims of her involvement in a smear campaign targeting Mr
McCabe and insisted it was the first time she had heard the
accusation.
The explosive allegations about a sex crime slur were
revealed by Labour leader Brendan Howlin who said he was
contacted by a journalist who claimed to have direct
knowledge of the Commissioner being in contact with other
reporters.
Ms O'Sullivan said she was taking an unprecedented step to
publicly deny the claims despite a judge-led inquiry being
ordered.
A statement from her office on Wednesday said: "The
Commissioner has no knowledge of the matters referred to by
Deputy Howlin and refutes in the strongest terms the
suggestion that she has engaged in the conduct alleged
against a serving member of An Garda Siochana.
"This is the first occasion on which the Commissioner has
been made aware of the allegations made by Deputy Howlin
and to her knowledge no report having been made to the
Garda Siochana Ombudsman or elsewhere relating to the
specific allegations."
Judge Peter Charleton has been appointed to lead an inquiry
into allegations that senior officers attempted to blacken Sgt
McCabe's name among the media with unfounded allegations.
He will examine nine issues including whether Commissioner
O'Sullivan knew about it or if she played any part in directing it.
The Commissioner said Judge Charleton will get full
cooperation from the force.
Sinn Fin's Mary Lou McDonald has called for Garda
Commissioner Nirn O'Sullivan to immediately step aside
following the Irish Examiner revelations that she described as
"unprecedented" and "quite frankly disgusting and vile".
The party's Deputy Leader welcomed the establishment of a
Commission of Investigation into allegations Ms O'Sullivan had
knowledge of a campaign to smear Garda whistleblower
Sergeant Maurice McCabe.
Ms McDonald said: "Revelations this evening that An Garda
Sochna were sent a file by TUSLA into an alleged crime that
turned out to be entirely unsubstantiated are unprecedented
and quite frankly disgusting and vile.
"Such are the allegations in this case, it is in incumbent on the
Garda Commissioner Nirn O'Sullivan to step aside
immediately for the duration of the Charleton Commission's
investigation.
"The Minister for Justice and Equality Frances Fitzgerald must
also explain how she could possibly have been unaware of
this contact between An Garda Sochna and another state
agency, as she claimed in the Dil in response to a question
from me today. How could that possibly have been the case?"
advertisement

Update: This afternoon a Fine Gael backbencher broke ranks,


telling the Dil the Garda Commissioner should step aside and
that he doesnt believe Noirn OSullivan.
Michael Darcy also described the situation as GUBU-like.
I have to put on the record that I dont believe the
commissioner, he said.
I dont believe her because of her actions and how she
instructed her legal counsel to deal with the ONeill
investigation.
Earlier: Taoiseach Enda Kenny has given his full backing to
the Garda Commissioner Noirn OSullivan, writes Daniel
McConnell in Warsaw.
Speaking in Warsaw, Mr Kenny said : You cannot have a
country if everybody against whom allegations are made has
to step aside.

Mr Kenny said the call for Noirn OSullivan to step aside while
a Commission of Investigation probes whether she had
knowledge of a campaign to smear whistleblower Maurice
McCabe.
Speaking in Poland, the Taoiseach said Ms OSullivan has
the full confidence of Government.
Asked if it was credible for her to remain as garda chief during
the inquiry, which will last at least nine months, Mr Kenny said:
There is no prima facie evidence. There is no indication of
any wrongdoing of any kind on behalf of the Garda
Commissioner.
For that reason she is fully entitled to the support of
government.
Mr Kenny also denied that he is concerned losing a second
garda commissioner under his watch could shorten the lifetime
of the Government.
He said the suggestion was utterly irrelevant.
Noirin O'Sullivan: 'I did not engage in smear campaign
against whistleblower
The Garda Commissioner says she 'refutes in the strongest
terms' that she engaged in a smear campaign against a
whistleblower.
Nirn O'Sullivan denies accusing Sergeant Maurice McCabe
of sex crimes, after he alleged mismanagement in the force.
The claims were made in the Dil yesterday by Labour leader
Brendan Howlin, who said Ms O'Sullivan's position is now
untenable.
The Dil will cover the matter again today when they discuss a
new commission of investigation.
TDs Mick Wallace and Clare Daly are expected to suggest two
amendments to its terms of reference.

There is growing agreement among parties that a new inquiry


into claims garda chiefs led a smear campaign against a
whistleblower needs to include members of government and
politicians, writes Juno McEnroe.
Fianna Fail, Labour, the Green Party as well as Independent
TDs have this afternoon called for the terms of the Charleton
inquiry to be expanded.
They want communications between gardai and ministers as
well as politicians to form part of the commission of
investigation.
Garda Commissioner Noirn O'Sullivan

The new inquiry will examine claims made under protected


disclosure that Garda Commissioner Noirin O'Sullivan and her
predecessor, Martin Callinan, orchestrated a campaign
against whistleblower Sgt Maurice McCabe.
The inquiry is tasked with looking at mobile phone
communications, documents and can call witnesses, including
media, to give evidence.
Fianna Fail justice spokesman Jim O'Callaghan said his party
wanted the terms expanded to include potential
communications with members of government. Labour's
Brendan Howlin said members of the Oireachtas should also
be included. Sinn Fein want other agencies included who may
have been contacted by senior gardai alleged to have been
part of the campaign.
Justice Minister Frances Fitzgerald has said today that the
government are open to accepting amendments to the
commission of investigation but that they will have to be limited
so the inquiry can be completed in a reasonable time. There
will be no vote after the debate today, which instead will likely
be held later this month on expanding the terms.
This afternoon a Fine Gael backbencher broke ranks, telling
the Dil the Garda Commissioner should step aside and that
he doesn't believe Noirn O'Sullivan.
Michael Darcy also described the situation as GUBU-like.
I have to put on the record that I dont believe the
commissioner, he said. I dont believe her because of her
actions and how she instructed her legal counsel to deal with
the O'Neill investigation.
http://www.breakingnews.ie/ireland/false-sex-
allegation-against-mccabe-circulated-by-tusla-
following-clerical-error-776365.html

Tusla to apologise to
Maurice McCabe
Updated / Thursday, 9 Feb 2017 23:40

Tusla has acknowledging that an error had occurred


It has emerged that Tusla, the child and family
agency, sent a file containing false allegations of
sexual abuse against Garda whistleblower Sergeant
Maurice McCabe to garda in 2013.
The allegation was investigated and a file was sent to
the DPP with the recommendation that there was no
ground for a criminal prosecution, RT Prime Time
reported.
Sgt McCabe was not informed that the Tusla file
contained this allegation.
In April 2014, social workers in Tusla opened files in
the names of each of Sgt McCabes children. All four
files included the allegations of sexual abuse.
On 14 May 2014, a counselor contacted Tusla to say
she had made an administrative error in her report
to them.
The counselor claimed that a line relating to the false
abuse allegation had been pasted in error.
Sgt McCabe learned of the accusations on 29
December 2015 when a child protection social worker
wrote to inform him that he was being investigated for
sexual abuse.
On 20 June 2016, the same social worker again
wrote to Sgt McCabe saying a mistake had been
made and no allegation of sexual abuse had been
made.
Tusla has since written to the Department of
Children, acknowledging that an error occurred and
that an internal case review had been ordered.
The agency also indicated that it would apologise to
Mr McCabe.
http://www.rte.ie/news/2017/0209/85151
8-tusla/

Interview to Jonathan Sugarman


eb 9, 2017
Meet the Whistleblowers # 1
Jonathan Sugarman, former Risk Controller at Unicredit Ireland
https://www.youtube.com/watch?
v=mKpogQnjLI0&feature=youtu.be

Irelands Greatest Cover Up


Crimes by Garda Head Cops
and Taoiseach SKenny Says He
Has Full Confidence in Garda
Commissione in Relation to
Treason
Feb 09, 2017 by Rita Cahill
https://www.scribd.com/document/338888226/Irelands-
Greatest-Cover-Up-Crimes-by-Garda-Head-Cops-and-
Taoiseach-SKenny-Says-He-Has-Full-Confidence-in-Garda-
Commissione-in-Relation-to-Treason

This is My Theory of This


Treason Cover Up White Was
Crime Scandal
Feb 09, 2017 by Rita Cahill

https://www.scribd.com/upload-document
PROTECT WHISTLEBLOWERS NOT POLITICIANS
To: The Garda
Commissioner and the
Minister for Justice
Protect Garda
Whistle-
Blowers
Step aside so as not to prejudice the government
Inquiry into the allegations of a smear campaign
led by Garda management against
whistleblowers.
Friday, February 10, 2017

Why is this important?


Stepping aside in light of the serious allegations of wrongdoing
and interference with the administration of justice is important for
our democracy and is in the interest of good policing. Those in
positions of management and leadership in the Garda, the
criminal justice system and the government need to absorb this
request.
False allegations of a most grievous nature were made
against Sgt Maurice McCabe, at great distress to him and
his family. Serious questions must now be answered,
writes Michael Clifford.

ON WEDNESDAY, Labour Party leader Brendan Howlin told


the Dil he had been contacted by a journalist who told
him that he, the journalist had direct knowledge of calls
made by the garda commissioner to journalists during
2013 and 2014 in the course of which the commissioner
made very serious allegations of sexual crimes having
been committed by Garda Maurice McCabe.
The revelation threw into the public domain something
that had been common currency in politics, the garda and
policing for the last four years. Scurrilous rumours about
Sergeant McCabe had circulated in a manner that some
believed was designed to damage his credibility, and even
destroy his character.
The rumours were largely based on a file in the child
protection agency Tusla which was created in 2013. How
that file was created, and what was done about it raises
the most troubling questions for both Tusla and An Garda
Sochna, which was aware of its existence.
According to the file a young woman made a historic
allegation against Sgt McCabe in August 2013. The
allegation was made to a counsellor employed by a
counselling service in the north east.
This woman alleged that when she was a child she was
subjected by Sgt McCabe to the worst form of abuse,
including anal and vaginal penetration. There was very
little detail of circumstances of the incident apart from the
actual abuse. The accusation is completely without any
foundation.
The young woman comes from a garda family. The
allegation was passed to a member of An Garda Sochna
by the counsellor. The Irish Examiner understands that it
was passed to a member who was known to the
counsellor. His or her identity is not known to Tusla, but it
is crucial in everything that followed.
It is unusual for a counsellor in this scenario to go straight
to the garda rather than through a social worker in Tusla.
The file was sent to Bailiboro, where Sgt McCabe has not
worked since 2008. It was sent there on the basis that that
was the local station to his home. This is incorrect.
Ordinarily, a file of this nature would be sent from the local
station on to the head office in the region, at Monaghan,
and the divisional office in Sligo. On the basis that Sgt
McCabe was a high- profile individual at the time, it is
highly likely it was also sent to Garda HQ in the Phoenix
Park.
Over the following months, there was no attempt to arrest
or interview Sgt McCabe. The Irish Examiner understands
there was no attempt by the garda to interview the
complainant. The file was just let sit there, while word
either spread organically, or was spread deliberately,
about its contents.
This was around the time that Sgt McCabe was in the
public spotlight over abuse of the penalty points system,
in which he alleged dozens of senior officers were
cancelling traffic tickets for friends and family.
By the following May, things had changed. The Public
Accounts Committee had heard from McCabe and were
reported to be impressed and disturbed by what he had
presented the committee with. The Guerin Report into Sgt
McCabes allegations of malpractice in criminal
investigations had also vindicated him.

That same month, it was discovered that a major mistake


had been made. The counsellor wrote to Tusla saying it
has come to my attention that a report I made to you
contained an administrative error.
The error has also been characterised as a clerical
error, and elsewhere as a cut and paste error. There is
no explanation as to how an innocent man could be the
subject of the most grievous accusation as a result of a
clerical error.
A further note in the file from June 2, 2014, suggests that
the Garda Commissioner Nirn OSullivan may have been
either already aware of the matter or was about to be
brought into the loop. The note refers to the retrospective
report which you are aware contains a clerical error.
I was informed that the superintendent in the jurisdiction
referred to in the report was not yet aware of the clerical
error and has been asked to a meeting with the garda
commissioner in relation to the case.
It is unclear whether the meeting referred to took place, or
if it did, whether the superintendent and the commissioner
were aware that the original report was now known to be
false.
Ms OSullivan has denied claims she was involved, or was
aware, of any smear campaign against Sgt McCabe.

The complainant was contacted a number of times by


Tusla after August 2013, but failed to keep appointments,
according to the file. In August 2016, she responded that
she wanted nothing more to do with the matter.
In January 2016, Sgt McCabe was contacted by Tusla about
an allegation and told that he would have to be
interviewed.
We will have to decide if you pose a risk to children, the
letter stated.
This was an error, committed by somebody in Tusla who
was unaware that the original error had been discovered
some 18 months previously.
Understandably, the contact to Sgt McCabe caused great
distress to him and his family.
The Tusla file also contained the names of four of the five
children of Maurice and Lorraine McCabe. This is standard
procedure in the case of a suspected child abuser. It is
unclear how the names of the children were obtained.
Each of the four referred to in the file has their name
prefixed with the word suspect.
If Sgt McCabe had not been contacted in January 2016
in what is now accepted was a complete error it is
highly unlikely that he would ever have been made aware
of the whole affair. His children would have remained on
the file into adulthood.
He was not contacted by the garda, of which he is a
member, in 2013 when the allegation surfaced, or the
following year when it was found to be completely false.
His case was not referred to the data commissioner when
the error was discovered, as it should have been. In such
an instance, the data commissioner would then have
contacted him.
A host of serious questions arise, the most pertinent of
which is whether there should be a criminal investigation
into the matter and if so, whom should conduct it.
Other questions include:
X Why did the counsellor contact a garda directly?
X Did this garda personally know Maurice McCabe?
X Did this garda personally know the counsellor?
X When did the garda and the counsellor first discuss
Maurice McCabe?
X Why was no effort made to investigate the veracity of the
allegations by either the garda or Tusla?
X Why did the complainant make such an allegation if she
did and then completely refuse to co-operate with
Tusla?
X Did the complainant have any contact with any member of
An Garda Sochna before making her complaint, if she did
in fact make it?
X How was the clerical error discovered?
X Why was Sgt McCabe not notified, either about the original
allegation, or the discovery of the error?
X When did Nirn OSullivan become aware of the matter, if
she is aware of it?
X Why if she was made aware of it in 2014 did she not
inform Sgt McCabe, as she was surely obliged to do?
X Was her predecessor Martin Callinan aware of it?
X Was the Minister for Justice briefed on this matter?
Sinn Fin has expressed concern following last nights
revelations on Prime Time that Tusla sent a file containing
false allegations about Sgt Maurice McCabe to local garda
in 2013.

No attempt was made to contact Sergeant McCabe and


put the allegations to him. The agency has promised to
conduct an internal review, and intends to apologise to Sgt
McCabe.

Speaking before Tusla announced its intention to


apologise, Sinn Fin spokesperson on Children Youth and
Affairs Donnchadh Laoghaire said: The fact that such a
file concerning very serious but unfounded allegations was
held by Tsla is very worrying.

Donnchadh Laoghaire
It also emerged that Sgt McCabe had no knowledge of
this file although it was known amongst other high ranking
Garda in the force. This raises some serious questions in
relation to Tslas practices.

These allegations, which have since been found to be


untrue, are damaging to the character of Sgt Maurice
McCabe, and he is at the very minimum deserving of a
public apology on behalf of Tsla.
Tsla receives allegations of this nature regularly and has
to treat all information with care, but the manner in which
this information was made widely available to others in
senior roles in the force due to a clerical error is
questionable at best and quite sinister at worst.
He added: "I am calling on the CEO of Tsla to come
before the Oireachtas Committee on Children to explain
this worrying episode.

I am also calling for a full apology from Tsla as a matter


of priority so to allow Sgt McCabe to move on from such
traumatic and damaging slander.
The Social Democrats have called for an immediate
response from the Minister for Children, Katherine
Zappone, to the revelations.
Speaking this morning, Social Democrat co-leader Risn
Shortall said: The extraordinary sequence of events
regarding these vile allegations made against Sergeant
McCabe require a full and early explanation from Minister
Zappone, who has political responsibility for the operation
of Tusla.

At a minimum, these events amount to serious


maladministration and incompetence.
"The public has a right to know if this is the case and if so,
heads must roll.
We must also have the right to know if there were more
sinister forces at play in Tusla and if that is the case, those
circumstances must be rigorously and fully investigated.
The party urged the Government to conduct a commission
of inquiry into the wider serious issues surrounding the
McCabe affair.
The party also called for the establishment of an
Independent Anti-Corruption Agency to be established
which would have the power to prosecute as well as
investigate.
Deputy Shortall added: "The commission of investigation
model provides a means of examining serious matters of
public concern.
However, the fact that it is precluded from making
adverse findings against individuals means that we do not
get accountability from those who engaged in wrongdoing.
Yet another report from yet another commission of
inquiry will do little to address concerns about the
existence of a culture of corruption, nor will it do anything
to reassure the public that the Government is taking these
allegations seriously.
It simply serves to further erode the trust that people
have in our public institutions."

Fine Gael TD Jim Daly, who is Chair of the Oireachtas


Committee on Children and Youth Affairs and represents
the Cork South West constituency, said what has emerged
on Thursday evening in relation to false allegations
against Sgt Maurice McCabe is staggering and of the
utmost concern.

This is incredible and quite hard to comprehend what has


occurred here against a serving garda member.

Tusla is the State body responsible for the protection and


wellbeing of children across this country. That is their
purpose to protect children and their interests and not
to send files of false allegations to garda for further
investigation, Deputy Daly said.

The explanation that it was a copy and pasting error or


an administrative error is incompetence of the highest
degree. Is this credible? It needs to be outlined fully.

A mans reputation has been left tarnished here and we


need to have a full account of how this exactly came
about. How did this error of false child sex abuse
allegations end up in the file of a garda whistleblower and
then be forwarded to An Garda Sochna?

There needs to be a full account here by Tusla of their


role in this matter before the Oireachtas Committee on
Children and Youth Affairs, Deputy Daly said.
The Irish Council for Civil Liberties (ICCL) has today
expressed its concerns at the ongoing controversy
surrounding the treatment of Garda whistle-blower
Sergeant Maurice McCabe.
The ICCL notes that issues arising may be so profound as
to require a broader response engaging institutions
beyond the proposed Commission of Investigation.

They said that the potential involvement of a range of


state agencies in the alleged smear campaign against
Sergeant McCabe run to the very heart of the Irelands
justice system and its political system, even raising issues
of public confidence in the State's child protection
systems.
Speaking today, ICCL Executive Director Mr Liam Herrick
said: Information which has been placed into the public
domain in the last 48 hours including very serious
allegations of misconduct in the treatment of Sgt Maurice
McCabe raise very serious questions for accountability and
oversight across a range state agencies which must be
addressed if the public is to retain full confidence in the
administration of justice and policing in Ireland.

"The Tnaiste and Minister for Justice and Equality must


ensure that the proposed Commission of Inquiry is
constituted to stop the rot and that measures to ensure
meaningful reform of policing and justice are implemented
without delay.

Drawing attention to the time frame in which the


Commission of Investigation will conduct its work, Mr
Herrick noted: It is imperative that Judge Charelton is
empowered to reach full conclusions within a specified
timeframe and can do so while respecting and vindicating
the rights of all parties to the Investigation.

"However, it is equally important that the Government and


the relevant oversight bodies now accelerate the wider
process of Garda reform. From the seriousness of the
issues that arise in this case, it is clear that Garda reform
to date has been partial, and that systemic and cultural
resistance to reform remains.

Update 11.45am: The Child and Family Agency Tusla


says it has begun an internal review into the
circumstances surrounding recent revelations concerning
Garda whistleblower Maurice McCabe.
It emerged yesterday that Tusla opened an investigation
into the welfare of Sergeant McCabe's children, around the
same time he made allegations of mismanagement in the
Garda force.
However, no attempt was made to contact Sergeant
McCabe and put the allegations to him.

Sergeant McCabe now says he's going to sue over the


false child abuse claims.
Due to Data Protection and Constitutional rights, Tusla is
prohibited from commenting on the detail of individual
cases, Tusla said in a statement.
We also have a responsibility to protect the privacy and
wellbeing of the children and families with whom we work.
Taking an overall view of this situation, however, it is
clear to us that mistakes have been made. On this basis,
we have commenced an internal review and will cooperate
fully with any Commission of Inquiry if requested.
Although we cannot comment on the details of this
individual case, we can confirm that we are in the process
of apologising fully to the individual involved.
It is important to note that when we receive allegations
from a child or from an adult reflecting on when they
were a child that we are obliged to carry out a complete
assessment.
We also accept that because of the nature and
complexity of these situations, the systems and processes
involved in doing this need to be extremely robust.
In this case, it appears there were some failures and
these are the subject of our internal review, the
conclusions of which will be made public.
Tusla regrets that this situation has arisen and deeply
apologises for distress caused.
It does not reflect the high standards that we hold
ourselves to and we want to assure the public that we will
take whatever steps are required to ensure that nothing
like this happens again.
Maurice McCabe

Update 11.20pm: Sean Costello, solicitor for Maurice


McCabe, has said his client is devastated over the
allegations made against him.

Speaking on Today with Sean O'Rourke, he said: "To think


a government agency charged with the protection of
children and a state run body who would deal with a
complaint in the manner outline."

He said that the complaint was first made in August 2013


and was referred to local gardai, but that it appears
nothing happened until May 2014 when the same
individual who referred the complaint to the HSE wrote to
state that the initial report contained an "administrative
error".

He said that error related to the description of abuse and


that they need more information from Tusla and the HSE
about how mistakes like the one made are possible.

"It is extraordinary that an agency like Tusla should make


a mistake of that nature. The question will only be
answered if this should be the subject of the inquiry."

In relation to the files opened on McCabes children, Mr


Costello said it is devastating.
"As any parent, aunt, uncle, whoever sees these thing
written about Maurice McCabe, that he posed a potential
risk is just absolutely devastating. And how that manifests
itself and became part of what are allegations at least at
this stage and became part of a campaign."
CCL slams range of state agencies over treatment of Maurice
McCabe Friday, February 10, 2017
Solicitor to Sgt Maurice McCabe, Sean Costello speaks to
Sean O' Rourke in an exclusive interview
https://soundcloud.com/rte-radio-1/sean-costellio-interview
Garda whistleblower Sergeant Maurice McCabe says he's
going to sue over false child abuse claims.

It emerged yesterday that Tusla opened an investigation


into the welfare of Sergeant McCabe's children, around the
same time he made allegations of mismanagement in the
Garda force.

The abuse claims were made by a young woman in August


to a counsellor, who contacted Tusla and garda. However,
no attempt was made to contact Mr McCabe and put the
allegations to him.

However the child and family agency later said the


allegations were based on a 'clerical error'.
Brendan Howlin raising allegations made
about Garda Commissioner
Feb 8, 2017
https://www.youtube.com/watch?v=U7WjOexXSXw
Brendan Howlin commenting inquiry into public
disclousures 9th Feb 2017
https://www.youtube.com/watch?v=TJIctQr3M3s
Labour leader Brendan Howlin has hit back at critics of his
Dil claim that the Garda commissioner may have spread
allegations of sexual crimes against a whistleblower,
insisting it was credible and not pub gossip.
He revealed yesterday that he had spoken to Sgt Maurice
McCabe, the whistleblower at the centre of claims, who he
said thanked him for his intervention.
Mr Howlin used Dil privilege on Wednesday when he said
a journalist told him they had direct knowledge of calls
made by Garda Commissioner Nirn OSullivan to
journalists in which she is said to have made very serious
allegations of sexual crimes against Sgt McCabe.
Mr Howlin said this proves Ms OSullivan should stand
aside during a fresh inquiry into an alleged smear
campaign against Sgt McCabe.
advertisement

Several TDs questioned Mr Howlins justification for his


claim, saying he engaged in hearsay.
Clare Daly (Ind) said his actions were unverified, hearsay,
third party, and getting into dangerous areas where
politicians should not go.
Mr Howlin said: This was not idle chat or pub gossip. I
received information which I believe to be credible.
Ms OSullivan strongly denies the claims.
Mr Howlin also denied damaging Sgt McCabe, saying he
had spoken to him: He confirmed to me that he is, of
course, aware in specific detail of the allegations made
against him. He has been aware of them, and he and his
family have had to live with them for a number of years.
And I am glad to be able to inform the House that he has
expressed gratitude for my intervention yesterday, and in
no way regards it as having been damaging to him.
Mr Howlin also warned that the inquiry, also examining
alleged journalist collusion with garda, may have
consequences for the media: It has been alleged that the
media allowed themselves to be used by those with power
to denigrate those without. If the commission of
investigation makes such a finding, I hope it will give the
media cause to reflect upon their own actions as much as
they have on mine.

The allegation surfaced on a file in August 2013, and the


error was detected the following May, a period during
which Sergeant McCabes claims of malpractice were
causing major political and garda related controversy.

Yesterday, Labour leader Brendan Howlin told the Dil that


he had been contacted by a journalist who told him he had
direct knowledge of the garda commissioner, Noirin
OSullivan, briefing journalists that Sergeant McCabe was
responsible for sexual crimes.
Mrs O'Sullivan has denied spreading the allegations of sex
crimes against Mr McCabe.
In a statement yesterday, she said she was surprised by
claims of her involvement in a smear campaign targeting
Mr McCabe and insisted it was the first time she had heard
the accusation.

Sinn Fin TD Mary-Lou McDonald wants the Garda


Commissioner to step aside during an inquiry.

"It seems a concerted campaign to blacken a serving


officers name, to take his good character, to destroy his
career, and I'm very concerned that the Taoiseach and the
Minister for Justice insist on the Garda Commissioner
staying in place - I think that is not an acceptable position.

"She does need to stand aside and allow the Commission


of Investigation to proceed."
Fianna Fil says Sergeant Maurice McCabe was failed by
the state in the most fundamental way.

Expenditure and Reform Spokesperson, Dara Calleary,


claims the Children's Minister was aware of the false sex
abuse claims against him, but may not have passed on
that information to the Justice Minister.

"If she did not tell why not, given in any circumstance no
matter who it was, the absolute breach that Tusla had put
on a family given that was such a high-profile individual."

Opposition parties such as Sinn Fin and Labour say Nirn


O'Sullivan's position as head of the force is untenable.

However Fine Gael and Fianna Fil are still supporting her.

Fianna Fil TD Niall Collins said: "Nirn O'Sullivan, no more


than any other person or any other citizen under the
constitution of the land, is entitled to her good name.
"Because an allegation has been made against her by way
of a protected disclosure in my mind doesn't mean that
she should step aside.
John McGuinness shocked and horrified Tusla file was source of
false sex offence
The former chairman of a Dil committee that probed the
Garda whistleblower affair said he was shocked and
horrified to discover a Tusla file was the source of the false
sex offence allegations against Sgt Maurice McCabe.

Fianna Fil TD John McGuinness raised Tuslas involvement


in the scandal in the Dil yesterday, when he looked for
assurances that the commission of investigation would be
able to question the agency.
Tnaiste Frances Fitzgerald said that while it was a matter
for the commission chairman, Mr Justice Peter Charleton,
she did not see that there would be any problem doing
this.
Mr McGuinness later revealed that he sought the
assurances after being shown an official case file created
by Tusla about an allegation of a sex offence by Sgt
McCabe, who only recently was made aware of the files
existence.
The commission is already planning to investigate the sex
crime slur as part of the alleged wider smear campaign
against Sgt McCabe but the source of the slur was
unknown until now.
Mr McGuinness said the slur was groundless and the file
was a creation.
There are issues Tusla have to deal with. There was a file
created for some reason that Maurice McCabe and his
family did not know about and that file remained live on
the system until very recently, he said.
Tusla have acknowledged that file was there. They say it
was created in error but those questions have to be
answered.
Mr McGuinness told Newstalk it was essential to find out
who created the file and why, how it was allowed to
remain in circulation for so long and why Sgt McCabe was
not informed about it.
The organisation [Tusla] is going to publicly apologise, as
they should, but thats not enough. We need to
understand where the story came from and we need to
understand why and the officials at the centre of this now
need to be part of the commission of investigation.
Im absolutely shocked and horrified that an agency of
the State would carry on the way that it did.
Tusla would say it [the file] was created in error how
can you create such a file with horrific consequences for a
family and not have it dealt with?
Earlier in the day, Mr McGuinness had denied there was
any doubt over his claim to have been secretly briefed by
the then Garda commissioner about Sgt McCabe.
The proposed terms of reference for the commission state
he should investigate whether a meeting took place
between former Commissioner Callinan and Deputy John
McGuinness... and to consider the circumstances which led
to any such meeting, the purpose of such meeting and
matters discussed at such meeting.
Mr McGuinness said the wording of the terms did not cast
doubt on his version of events. There has only been one
statement in relation to that meeting mine. Its
important for Justice Charleton to establish the other side
of that particular meeting. Thats a reasonable thing, I
believe.
The TD claims he met with Mr Callinan at the then
commissioners request in a car park on January 24, 2014.
This was days before Sgt McCabe was due to appear
before the Public Accounts Committee which Mr
McGuinness was chairing.
He only disclosed details of the meeting last year when he
told the Dil that Mr Callinan had told him Sgt McCabe
could not be trusted.
THE imperative of staunching the flow of An Garda
Sochnas haemorrhaging credibility has become a
career-defining challenge for even the most secure,
assured and well-supported individual.

Or at least it did. Allegations, made under Dil protection


by Labour leader Brendan Howlin, that Garda
Commissioner Nirn OSullivan played a hands-on role in
black-ops to dishonestly discredit Garda whistleblower Sgt
Maurice McCabe, have cast that net far, far wider.
Those who appointed Ms OSullivan and supported her
through earlier difficult moments will surely be caught up
in the whirlwind despite yesterday afternoons entirely
appropriate reminder from Justice Minister Frances
Fitzgerald that an allegation is not a conviction.
If Ms OSullivans forceful rejection of Mr Howlins spine-
chilling charge is not corroborated in clear, robust terms
by Supreme Court judge Mr Justice Peter Charleton, who
will investigate the matter, then a number of careers will
end in ignominy or maybe worse.
The charges are so sharp, so very threatening to the
institutional trust, the conduit through which our police
secure their mandate and authority, that it is hard to
imagine that anything short of sweeping changes in senior
personnel and culture might ensue.
Those changes might hardly end in the Phoenix Park but
would surely reach the Department of Justice.
They may go even further.
Unless Mr Justice Charleton can, preferably before years
end, publish a report that clearly says that Ms OSullivans
version of events is an unquestionably accurate record
then we will have reached that hackneyed but salient
state of affairs depicted by Lord Denning nearly 40 years
ago when he described the suggestion that West Midlands
Police had lied about injuries inflicted on the Birmingham
Six while they were in custody as an appalling vista.
Even though Ms OSullivan has rejected the accusation
with considerable assertiveness the charge that the senior
police office in this Republic deliberately, consciously lied
to a journalist working for our national broadcaster to
serve the dishonest, dishonourable end of sidelining a
difficult but honest whistleblower means that even that
highwater mark the GUBU Scale must be revised.
These concerns its too early to call them anything more
concrete carry weight as Mr Howlin has a very credible
record in these matters.
He has made allegations before that were, on first hearing,
dismissed but later vindicated.
It is more than likely that Mr Charletons inquiry will try to
interview the journalist who informed Mr Howlin.
That will renew the debate about journalists right not to
identify sources.
As was seen just last week in the Kerins case these
conventions regarded as a right by journalists but not
by our courts should be honoured.
At this moment we have the worst of all worlds toxic
suspicion that will corrode until it is dismissed or
confirmed.
Mr Charleton carries a heavy responsibility and he must
quickly complete an authoritative report.
As we saw from yesterdays further damaging and
unpleasant allegations the train is leaving the station.
Rapid action is needed before this gets out of control.
Rotten to the core......utter bastards
Fine Gael ministers have today expressed their deep
surprise at why Ms Zappone did not formally inform
Cabinet of a meeting with Sgt McCabe and his wife in
January.
Ms Zappone, who is currently in the United States, has yet
to respond to the questions. Her spokesman has not
responded to requests for comment today""

Pressure builds on
Zappone as Tusla chief
rejects any suggestion
there was 'collusion with
gardai'
Niall O'Connor and Laura Larkin
PUBLISHED
10/02/2017
Childrens Minister Katherine Zappone. Photo: Tom Burke
The chief executive of Tusla has refuted any
inference that Tusla was involved in any sort
of collusion with gardai in relation to
mistaken and false allegations which were
linked to whistleblower Maurice McCabe.
Fred McBride, speaking on RTE News at One, said that he
"absolutely refuted any suggestion there was collusion
between Tusla and the gardai".
A PrimeTime investigation on Thursday revealed that a
mistaken allegation of digital rape of a child was linked to
garda whistleblower Maurice McCabe due to a 'clerical
error'.
Mr McBride said "there is no doubt that mistakes have
been made" and a full review of what occurred will take
place.
Mr McBride said he had issued a letter of apology to the
McCabes today and has offered to meet the family
personally to apologise in person if necessary.
He said the reason for the delay is that he wanted the
apology to come from him personally and he wanted to
know the detail of what had occured.
Tusla have a responsibility to ensure that all information
was investigated Mr McBride said.
"If that information turns out to be inaccurate and that
was the case here... it is incumbent on us to correct that
information as quickly as possible and that's where
mistakes were made," he said.
Mr McBride said he escalated the matter to the
Department of Children and Youth Affairs "within days".
It was previously reported that Tusla wrote to the Minister
in January outlining the mistake.
Children's Minister Katherine Zappone is facing increasing
pressure to clarify when Cabinet was informed.
Fine Gael ministers have today expressed their deep
surprise at why Ms Zappone did not formally inform
Cabinet of a meeting with Sgt McCabe and his wife in
January.
Ms Zappone, who is currently in the United States, has yet
to respond to the questions. Her spokesman has not
responded to requests for comment today.
Independent.ie has learned that in January, Sgt McCabe's
wife Lorraine contacted the office of Health Minister
Simon Harris and asked to speak to the minister about a
"Tusla issue".
Mr Harris's secretary informed Ms McCabe that Tusla falls
under the remit of the Department of Children.
A meeting then took place with minister Zappone, during
which the situation surrounding the file on the McCabe
family was outlined to the minister.
It's still not clear who in government Ms Zappone spoke
to.
Tanaiste and Justice Minister Frances Fitzgerald told the
Dail yesterday that she was unaware of any such
involvement by a state agency.
Meanwhile, Mr McCabe's solicitor has said the family have
been left devastated by events and are considering options
but are expected to sue the state.
http://www.independent.ie/irish-news/pressure-builds-on-
zappone-as-tusla-chief-rejects-any-suggestion-there-was-
collusion-with-gardai-35440339.html
Pressure builds on
Minister Katherine
Zappone about whether
Cabinet was briefed on
Tusla controversy

Independent.ie Newsdesk Twitter


EMAIL
PUBLISHED
10/02/2017
Fianna Fil Public Expenditure Minister Dara Calleary. Photo:
Steve Humphreys
Children's Minister Katherine Zappone is
facing mounting calls to explain her actions
after being directly informed of the shocking
Tusla blunder surrounding Maurice McCabe
in January.
Fine Gael ministers have today expressed their deep
surprise at why Ms Zappone did not formally inform
Cabinet of a meeting with Sgt McCabe and his wife in
January.
Ms Zappone, who is currently in the United States, has yet
to respond to the questions. Her spokesman has not
responded to requests for comment today.
Independent.ie has learned that in January, Sgt McCabe's
wife Lorraine contacted the office of Health Minister
Simon Harris and asked to speak to the minister about a
"Tusla issue".
Mr Harris's secretary informed Ms McCabe that Tusla falls
under the remit of the Department of Children.
A meeting then took place with minister Zappone, during
which the situation surrounding the file on the McCabe
family was outlined to the minister.
It's still not clear who in government Ms Zappone spoke
to.
Tanaiste and Justice Minister Frances Fitzgerald told the
Dail yesterday that she was unaware of any such
involvement by a state agency.
Labour TD and former Education Minister Jan O'Sullivan
is among those who have called for clarity about what
Cabinet knew about the controversy before drafting the
terms of the commission of investigation into an alleged
smear campaign against Maurice McCabe.
"I am also calling on Minister Zappone to immediately
provide clarity as to whether she briefed her Cabinet
colleagues on her knowledge of the TUSLA file on Maurice
McCabe. We have heard this morning that she was fully
aware of the details of the case at the end of January.
"If she did not bring this information to Cabinet, she
urgently needs to explain why she withheld such relevant
information from her Cabinet colleagues when they were
agreeing to the establishment of a commission of
investigation."
Political reaction to revelations on RTE's Prime Time that
a mistaken allegation of digital rape of a child was linked
to the garda whistleblower has been swift.
Health Minister Simon Harris has said the child and
family agency should apologise immediately and did not
need to wait for the commission of investigation into an
alleged smear campaign against Mr McCabe concludes.
"I think they should explain why an apology hasn't issued
to Sergeant McCabe, when it was clearly their intention to
do so," he added. "I think they should issue that apology
forthwith," he told Newstalk Breakfast.
Meanwhile, Fianna Fil's Dara Calleary said his stomach
churned as he watched the program on Thursday night.
He spoke on RTE's Morning Ireland and said the situation
was "absolutely incomprehensible"
The notion that a very serious report can be made on the
basis of a cut and paste job is absolutely incomprehensible
given the seriousness of the job TUSLA have to do on a
daily basis, he said.
Where are the checks and balances and have they
reviewed the processes in light of what has come out given
that they have done an investigation into this in January of
2017?
I think that TUSLA need to urgently answer their
appalling failings and how the situation arose. How
Maurice McCabe was not informed? How files were
opened on his children, including two adult children
without being informed? And why they haven't issued an
apology?
Also speaking on RTE this morning Labour Leader
Brendan Howlin said:
"It beggars believe that matters of such seriousness could
firstly have happened, that somebody could have the most
vile of accusations circulated about them by the state. That
is a possibility and we have to fully investigate that," he
said.
Tusla, which is responsible for the protection of children,
has said it is in the process of apologising to Mr McCabe.
http://www.independent.ie/irish-news/pressure-builds-on-
minister-katherine-zappone-about-whether-cabinet-was-
briefed-on-tusla-controversy-35440075.html

He's absolutely
devastated' - McCabe
expected to sue after
Tusla copy and paste
error lead to circulation
of false allegations of
child rape against him
Allegations of child rape by digital
penetration
TUSLA admitted to 'clerical error' in
2014
Senior members of garda aware of
allegation
Maurice McCabe first heard of
allegations last year
His family have been devastated -
solicitor for Mr McCabe
Tusla 'in process ' of apologising
PUBLISHED
10/02/2017 | 09:01
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P
1
Whistleblower Maurice McCabe. Photo: Tom Burke
Garda Whistleblower Maurice McCabe looks
set to sue the state following an RTE
PrimeTime report which revealed details of
a litany of errors which resulted in serious
allegations against him.
Speaking to Sean O'Rourke on RTE Radio One Mr
McCabe's solicitor Sean Costello said Mr McCabe was
"absolutely devastated".
Last night PrimeTime revealed that a file containing the
false allegation of child sex abuse was sent by the State
child and family agency to garda and was widely
circulated in 2013, the programme reported.
The father was alleged to have abused a young girl, with
the detail that it was digital penetration, both vaginal and
anal.
Senior members of the force were aware of the allegation
but no attempt was made to put the allegations to Mr
McCabe.
Tusla admitted to the "clerical error" in 2014.
Today Tusla has released a statement saying it is the
process of issuing a full apology to the person involved.
The statement reads:
"Taking an overall view of this situation, however, it is
clear to us that mistakes have been made. On this basis,
we have commenced an internal review and will cooperate
fully with any Commission of Inquiry if requested.
"Although we cannot comment on the details of this
individual case, we can confirm that we are in the process
of apologising fully to the individual involved.
"It is important to note that when we receive allegations
from a child or from an adult reflecting on when they
were a child that we are obliged to carry out a complete
assessment. We also accept that because of the nature and
complexity of these situations, the systems and processes
involved in doing this need to be extremely robust. In this
case, it appears there were some failures and these are the
subject of our internal review, the conclusions of which
will be made public."
The RTE report was based on a document outlining the
sequence of errors made by Tusla in the investigation,
which was compiled by the Chief State Solicitors Office for
the OHiggins Report last year.
The report relates how Sergeant Maurice McCabe made a
complaint about a colleague in January 2006. This
complaint led to the colleague being disciplined.
That September, the colleague made a complaint about
Maurice McCabe on behalf of his daughter.
The girl subsequently made a complaint about Maurice
McCabe in which she alleged the garda sergeant had
tickled and behaved inappropriately towards her while she
played hide and seek with his children a decade earlier.
The allegation was investigated by garda and a file sent to
the Director of Public Prosecutions in which garda said
there was no ground for prosecution. The DPP agreed,
making the observation that it was doubtful whether the
allegations made would constitute an offence in the first
place.
In August 2013, when Sgt McCabes whistleblowing was
dominating news headlines, the allegations reared their
head again, but were on a more serious scale.
During this time, a counsellor notified Tusla that a client
she had been counselling had disclosed to her that she had
been sexually abused in childhood.
According to the counsellors report, the complaint alleged
digital penetration.
The mistaken allegation involving the digital penetration
was wrongly reported by Tusla as coming from the same
woman who had made the previous allegation against Sgt
McCabe in 2006.
Days after receiving the report, a social worker contacted a
garda involved in the original investigation.
However, it is not known if they ever met to discuss the
case further.
The report alleges that a formal garda notification
outlining details of the new " allegation " was not sent to
the superintendent of the district involved until May 2,
around eight months later.
Read more: Now TUSLA dragged into Maurice
McCabe 'sex crimes' smear controversy
The report also outlined that files were opened on the
garda sergeants four children in April 2014 each file
containing the allegation their father had abused a young
child.
On May 14 2014, the counsellor contacted Tusla to say she
had made an administrative error in her report to them.
An internal Tusla email, which related to the counsellors
original referral, stated: The line that this involved digital
penetration, both vaginal and anal, is an error and should
not be in the referral.
It is in fact a line from another referral on another client
that has been pasted in in error. The counsellor has
apologised and is sending us an amended report ASAP
Within minutes of this report being received, a social
worker recommended the Garda notification on Maurice
McCabe be amended immediately, and updated with this
information.
An amended Garda notification was sent to the relevant
garda superintendent, stating the counsellors initital
report contained an administrative error. This notice
stated that both parties were fully clothed at the time of
the alleged offence and the girl had alleged inappropriate
contact.
However, it appears another error was made by Tusla.
The Prime Time programme related how on December 29
2015 a child protection social worker wrote to Maurice
McCabe informing him an investigation was taking place
into allegations he had sexually abused a child, allegedly
involving digital penetration.
This was the first time the garda had heard about the
allegation, the report stated.
In a letter from his solicitor to the social worker, Sgt
McCabe denied the allegations in their entirety.
He also set out the previous circumstances of when the
original allegation was made in 2006, and how the DPP
had directed no prosecution and observed that it was
doubtful whether the allegation constituted an offence in
the first place.
In June 2016, a social worker from Tusla responded.
She said the agency was obliged to investigate the
allegations but said a mistake had been made in
previous correspondence.
I can confirm to you that no allegation of digital
penetration has been made in relation to your client, the
social worker said.
Sgt McCabe requested of Tusla that all copies of records
made on and his family be released to him.
It is also understood that the woman who made the 2006
allegations told Tusla in August she does not want to
pursue the matter any further.
On January 27, Tusla wrote to Minister for Children
Katherine Zappone.
The letter stated: I regret the management of this case did
not meet the high standard set for the service and it is the
intention to issue a full formal apology to Mr McCabe for
the failings.
Separately, fresh claims emerged last night that Garda
Commissioner Nirn OSullivan met garda in June 2014
to discuss the allegations that had been brought forward
by the counsellor.
However, senior Garda sources have denied that this is the
case.
The same sources hit back at Tusla, saying the agency was
at fault for allowing the unsubstantiated allegation to
remain on its database until recently.
Tnaiste and Justice Minister Frances Fitzgerald declined
to comment, saying it was a matter for Tusla.
Speaking this morning Mr McCabe's solicitor, Sean
Costello, said on a human level Mr McCabe was
"absolutely devastated".
When asked how the family felt in relation to four files
being opened on Mr McCabe's children he said:
"As any parent, aunt, uncle, whoever sees these thing
written about Maurice McCabe, that he posed a potential
risk is just absolutely devastating."
"He has gone through a lot through so many years," he
added.
He said he is considering his options but answered yes
when asked if Mr McCabe was planning to sue.
2
Whistleblower Maurice McCabe. Photo: Tom Burke
A FIANNA Fil TD has queried whether the
States child and family agency, TUSLA, will
become part of the Commission of
Investigation into an alleged smear
campaign against sergeant Maurice McCabe.
Carlow/Kilkenny deputy John McGuinness made the
intervention towards the end of a Dil debate on the terms
of the reference for the judge-led inquiry.
TUSLA is the body responsible for the protection and
wellbeing of children.
Earlier during Leaders Questions, Sinn Fin deputy
leader Mary Lou McDonald asked Tnaiste Frances
Fitzgerald whether other state agencies were approached
by the garda in relation to allegations against Sgt McCabe.
Ms Fitzgerald said to her knowledge there were
approaches to the garda oversight body, GSOC. But she
was not aware of approaches to any other state agency.
But during a later Dil debate , which heard calls for the
terms of reference for the inquiry to be widened, Mr
McGuinness cited the agency TUSLA. He asked whether it
would be included in the work of the commission by
Supreme Court judge Peter Charleton.

John McGuinness.
Ms Fitzgerald replied: I think that would be entirely up to
the commission to decide but I see no reason why if there
is a relevant agency, for example the one that you mention,
that it wouldnt be included in the work of the
commission.
Queries to TUSLA and the garda press office have yet to be
answered.
The development comes as the Government and the garda
force continue to be rocked by the fallout of the allegations
of a smear campaign against Sgt McCabe.
Among the terms of reference for the commission of
investigation is to determine whether journalists were
pointed to whether Superintendent David Taylor was
directed to draw journalists attention to an allegation
of criminal misconduct made against Sgt McCabe.
In the Dil yesterday, Labour Party leader Brendan
Howlin claimed that Garda Commissioner Nirn
OSullivan was involved in the leaking allegations that Sgt
McCabe was involved in crimes of a sexual nature. She
has vehemently denied the claims in a statement.

3
Taoiseach Enda Kenny Picture: Gerry Mooney
TAOISEACH Enda Kenny has given his full
backing to the Garda Commissioner, saying:
You cannot have a country if everybody
against whom allegations are made has to
step aside.

Mr Kenny said the call for Noirin OSullivan to step aside


while a Commission of Investigation probes whether she
had knowledge of a campaign to smear whistleblower
Maurice McCabe.
Speaking in Poland, the Taoiseach said Ms OSullivan has
the full confidence of Government.
Asked if it was credible for her to remain as garda chief
during the inquiry, which will last at least nine months, Mr
Kenny said: There is no prima facie evidence. There is no
indication of any wrongdoing of any kind on behalf of the
Garda Commissioner.
For that reason she is fully entitled to the support of
government.
Mr Kenny also denied that he is concerned losing a second
garda commissioner under his watch could shorten the
lifetime of the Government.
He said the suggestion was utterly irrelevant.
Earlier, Labour leader Brendan Howlin defended using
Dal privilege to make explosive claims about alleged
misconduct on behalf of the current Garda Commissioner.
Under privilege Mr Howlin said in the Dal on Wednesday
that a journalist had contacted him and alleged that the
Commissioner had, back in 2013 and 2014, made very
serious allegations to a number of journalists about
"sexual crimes" by the Garda whistleblower Sgt Maurice
McCabe.
Speaking on RTEs Morning Ireland Mr Howlin said today
that the move was absolutely appropriate.
Dal privilege I take very seriously. I have been the leas
Ceann Comhairle of Dal Eireann, Ive been a member of
Dal Eireann for 30 years but Dal privilege is there for a
purpose, he said.
Not to be abused certainly but not to be not used. The
easiest thing, the safest thing always is to say nothing and
be silent. For too long that has been the default position.
I wouldnt have said it if I didnt believe it to be
appropriate, I wouldnt have used the privilege of the Dal
to say these things, he added.
Mr Howlin said he has long had an interest in An Garda
Siochana.
http://www.independent.ie/irish-
news/politics/taoiseach-the-garda-commissioner-has-the-
full-backing-of-the-government-35437031.html

I have an interest in An Garda Siochana going back 15


years. I fought for the establishment of the garda
ombudsman, for the garda authority after the Morris
tribunal that involved years of my life I believe the
thousands of men and women in An Garda Siochana who
work night and day in the interests of the public, put
themselves in harms way on our behalf deserve the best,
he said.
When asked if he regretted the statements made in the
Dail he said I dont know.
Obviously you have to think and its a judgement call
these matters were put to me in those circumstances and I
put them as they were put to me, he said.
He said while he only had contact with the journalist in
question he believed that their account was their honestly
held belief and that was the requirement under legislation.
Meanwhile, the Minister for Jobs, Enterprise and
Innovation, Mary Mitchell O' Connor, has insisted that the
Government has full confidence in Garda Commissioner
Noirn O' Sullivan.
The Minister told the Independent.ie that " everyone in
the country is entitled to their good name".
She said that the Government would be standing by the
commissioner pending the outcome of a judicial inquiry
into allegations that whistleblower Maurice McCabe was
the victim of a smear campaign by senior members of An
Garda Sochna.
"I have every confidence in the Garda Commissioner.
There is no prima facie case against the Garda
commissioner. What I would say is that everyone-
everyone- in this country is entitled to a good name. She is
entitled to defend that good name," the Minister said.
Asked whether the Government would continue to support
the commissioner until the completion of the inquiry, the
minister said:
"Absolutely. We have accepted judge O'Neil's
pronouncements and we have set up a Commission of
inquiry".
Under the inquiry, Ms O Sullivan's mobile phone and
phone records over the past two years will be examined.
Former Garda press officer Superintendent David Taylor
has said in a protected disclosure that he was directed to
brief the media against Mr McCabe by senior members of
the force.
Ms O'Sullivan has denied any wrongdoing.
Nirn O'Sullivan was doomed from day
one.She was supposed to be a mould-
breaker who could change the image of a
downtrodden, under-resourced, scandal-
ridden force.
On the day she was appointed in November 2014, the
mother of three set a target of working hard to "strengthen
the trust and confidence in the service".
More than two years on, it's clear that she will not be able
to achieve this.
The evidence suggests Ms O'Sullivan brought an
unmanageable amount of baggage with her when she
became the first woman to lead An Garda Sochna.
The aesthetically close connection to her predecessor
Martin Callinan was a bad starting point - even if the pair
were miles apart on a personal level.
Since then her reign has been dogged by whistleblowers,
the upsurge in gangland activity, the strike threat,
inaccurate crime statistics, a trip to San Diego and even
her use of Gmail.
The Government has known for some time that Ms
O'Sullivan is a liability but after the Callinan experience,
the Taoiseach and Justice Minister know losing a second
commissioner could have destructive consequences.
Last May, reports emerged that legal council for Ms
O'Sullivan had alleged malice in the motivation of Garda
whistleblower Sgt Maurice McCabe to the O'Higgins
inquiry.
Clare Daly told Frances Fitzgerald it was "obvious" the
commissioner had to go. "Unless you act, she's going to
take you with her," Ms Daly said in a way that made minds
drift back to Alan Shatter's resignation as minister.
"Only Fianna Fil saved her at that stage," said a garda
source familiar with the fallout. Just like on this occasion,
Michel Martin didn't join the clamour calling for a head.
Sources say there has been an acute awareness in Garda
HQ that any little thing could bankrupt the
commissioner's authority to the point of no return. The
drip, drip of negative stories, including some fake news
such as the alleged promotion of her non-existent
bridesmaid, has had a cumulative effect.
Brendan Howlin's intervention yesterday raised eyebrows
among journalists who have covered the Garda scandals.
The unfounded rumours alluded to by Mr Howlin have
been in circulation for a number of years.
Ms O'Sullivan last night insisted she had "no knowledge of
the matters referred to by Deputy Howlin".
Taoiseach Enda Kenny made the point that Ms O'Sullivan
"vehemently denies" claims that she was aware of a
campaign against Sgt Maurice McCabe.
It will take until at least November for Supreme Court
Judge Peter Charleton to get to the facts - but there is no
happy ending here. He must effectively decide whether Ms
O'Sullivan is victim or perpetrator.
If the Government allows the commissioner to remain in
place and then any wrongdoing on her part, no matter how
minor, does emerge, the resignations will stretch from the
Phoenix Park to Merrion Street.
But even if the judge says the commissioner is the one who
has been unfairly targeted, the damage inflicted by this
furore may be too much to withstand.
When the calls for her head peaked last May, the
Taoiseach was on a trip to Washington where he chose to
publicly back the commissioner.
Today Mr Kenny is in Poland on the latest leg of his
Brexiteering. It will be interesting to see if after the
intervening nine months of controversy, he still maintains
the same confidence.
It has been revealed that a litany of errors
were made which resulted in serious
allegations of child sex abuse being made
against garda whistleblower sergeant
Maurice McCabe.
RTE's PrimeTime revealed last night a series of errors
made by Tusla, the state child and family agency.
Mr McCabe heard of the allegations against him last year,
but the controversy first began in 2006.
Here's a timeline of the important events in the
whistleblower controversy:
January 2006
Sergeant Maurice McCabe made a complaint about a
colleague in January 2006. This complaint led to the
colleague being disciplined.
September 2006
The colleague made a complaint about Maurice McCabe
on behalf of his daughter.
The girl subsequently made a complaint about Maurice
McCabe in which she alleged the garda sergeant had
tickled and behaved inappropriately towards her while she
played hide and seek with his children a decade earlier.
The allegation was investigated by garda and a file sent to
the Director of Public Prosecutions in which garda said
there was no ground for prosecution. The DPP agreed,
making the observation that it was doubtful whether the
allegations made would constitute an offence in the first
place.
August 2013
In August 2013, when Sgt McCabes whistleblowing was
dominating news headlines, the allegations reared their
head again, but were on a more serious scale.
During this time, a counsellor notified Tusla that a client
she had been counselling had disclosed to her that she had
been sexually abused in childhood. The client was
mistakenly stated to be the same woman who had made
the previous allegation in 2006.
According to the counsellors report, the complaint alleged
digital penetration.
Days after receiving the report, a social worker contacted a
garda involved in the original investigation.
However, it is not known if they ever met to discuss the
case further.
The report alleges that a formal garda notification
outlining details of the allegation was not sent to the
superintendent of the district involved until May 2, around
eight months later.
May 2014
The counsellor contacted Tusla to say she had made an
administrative error in her report to them.
An internal Tusla email, which related to the counsellors
original referral, stated: The line that this involved digital
penetration, both vaginal and anal, is an error and should
not be in the referral.
It is in fact a line from another referral on another client
that has been pasted in in error. The counsellor has
apologised and is sending us an amended report ASAP.
Within minutes of this report being received, a social
worker recommended the Garda notification on Maurice
McCabe be amended immediately, and updated with this
information.
An amended Garda notification was sent to the relevant
garda superintendent, stating the counsellors initital
report contained an administrative error. This notice
stated that both parties were fully clothed at the time of
the alleged offence and the girl had alleged inappropriate
contact.
However, it appears another error was made by Tusla.
December 2015
A child protection social worker wrote to Maurice McCabe
informing him an investigation was taking place into
allegations he had sexually abused a child, allegedly
involving digital penetration.
This was the first time the garda had heard about the
allegation, the report stated.
In a letter from his solicitor to the social worker, Sgt
McCabe denied the allegations in their entirety.
He also set out the previous circumstances of when the
allegation was made in 2006, and how the DPP had
directed no prosecution and observed that it was doubtful
whether the allegation constituted an offence in the first
place.
June 2016
In June 2016, a social worker from Tusla responded.
She said the agency was obliged to investigate the
allegations but said a mistake had been made in
previous correspondence.
I can confirm to you that no allegation of digital
penetration has been made in relation to your client, the
social worker said.
Sgt McCabe requested of Tusla that all copies of records
made on and his family be released to him.
It is also understood that the woman who made the
allegations told Tusla in August she does not want to
pursue the matter any further.
January 27
Tusla wrote to Minister for Children Katherine Zappone.
The letter stated: I regret the management of this case did
not meet the high standard set for the service and it is the
intention to issue a full formal apology to Mr McCabe for
the failings.
Fresh claims
Separately, fresh claims emerged last night that Garda
Commissioner Nirn OSullivan met garda in June 2014
to discuss the allegations that had been brought forward
by the counsellor.
However, senior Garda sources have denied that this is the
case.
The same sources hit back at Tusla, saying the agency was
at fault for allowing the unsubstantiated allegation to
remain on its database until recently.
Tusla last night declined to comment on the controversy.
Tusla does not comment on individual cases. This is to
protect the privacy and wellbeing of the children and
families with whom we work, a spokesman said.
A spokesman for An Garda Sochna said that all Tusla
referrals were dealt with by garda in their local divisions.
Notifications and/or referrals from Tusla to An Garda
Sochna are given to local Garda management to
examine, the spokesman said.
The roles and responsibilities of all agencies in such
matters are set out in the Children First guidelines. When
a child protection concern is received by Tusla, it is
screened and assessed in line with Children First:
National Guidance for the Protection and Welfare of
Children.
Tnaiste and Justice Minister Frances Fitzgerald declined
to comment, saying it was a matter for Tusla.
The development comes as the controversy surrounding
Commissioner OSullivan dominated the Dil agenda
yesterday. TDs spent several hours debating the terms of
reference for the Charleton Inquiry, which will examine
the alleged smear campaign against Garda whistleblowers.
http://www.independent.ie/irish-news/hes-absolutely-
devastated-mccabe-expected-to-sue-after-tusla-copy-and-
paste-error-lead-to-circulation-of-false-allegations-of-child-
rape-against-him-35439552.html
THE CHILD AND family agency Tusla has commenced an
internal review into a clerical error that led to the circulation
of a false sex abuse allegation against garda whistleblower
Maurice McCabe.
It emerged yesterday that an allegation was reported to
Tusla by a counsellor in 2013. Nine months later the
counsellor contacted the agency to say she made an
administrative error she had accidentally pasted these
details into her report. By this stage the complaint had
already been passed onto garda.
McCabe had been told that he was being investigated for
sexual abuse, but last year was informed that this was a
mistake and no allegation had been made.
In a statement today, Tusla said it is clear that mistakes
have been made.
On this basis, we have commenced an internal review and
will cooperate fully with any commission of inquiry if
requested. Although we cannot comment on the details of
this individual case, we can confirm that we are in the
process of apologising fully to the individual involved, the
agency said.
It is important to note that when we receive allegations from
a child or from an adult reflecting on when they were a
child that we are obliged to carry out a complete
assessment. We also accept that because of the nature and
complexity of these situations, the systems and processes
involved in doing this need to be extremely robust. In this
case, it appears there were some failures and these are the
subject of our internal review, the conclusions of which will
be made public.
Tusla regrets that this situation has arisen and deeply
apologises for distress caused. It does not reflect the high
standards that we hold ourselves to and we want to assure
the public that we will take whatever steps are required to
ensure that nothing like this happens again.
Devastated
Speaking this morning, Maurice McCabes solicitor Sean
Costello said his client was absolutely devastated on the
back of the Tusla complaint.
On a human level hes absolutely devastated as is
Lorraine his wife, he said.
"The impact is just horrendous. To think that a government
agency charged with as it is the protection of children
and a State-run body would deal with a complaint such
as this in the manner outlined."
It is extraordinary that an agency like Tusla should make a
mistake of that nature, he said.
Costello said McCabe was absolutely devastated on the
back of the Tusla complaint.
On a human level hes absolutely devastated as is Lorraine
his wife, he said.
The impact is just horrendous. To think that a government
agency charged with as it is the protection of children and
a State-run body would deal with a complaint such as this
in the manner outlined.
He said that some of the questions in relation to what
happened had been answered but there are a lot of
questions and in my view some degree of gaps in what we
are looking at.
He also said he had not seen the expanded terms of
reference for the Charleton Commission of Inquiry, which
will investigate the circumstances surrounding two
protected disclosures made by McCabe and one other
whistleblower.
The terms of reference include allegations that the former
head of the Garda Press Office David Taylor was directed to
focus journalists attention on allegations of criminal
misconduct made against McCabe.
There is also a licence to investigate any knowledge that
former Garda Commissioner Martin Callinan and current
Garda Commissioner Nirn OSullivan may have had
regarding that matter.
In respect of the Tusla matter and how that may or may not
tie in, I dont know, said Costello.
In relation to any future action McCabe will take, Costello
said that it was a matter for his client but they are
considering all options.
"It seems a concerted campaign to blacken a serving
officers name, to take his good character, to destroy his
career, and I'm very concerned that the Taoiseach and the
Minister for Justice insist on the Garda Commissioner
staying in place - I think that is not an acceptable position.
"She does need to stand aside and allow the Commission
of Investigation to proceed.

Recap as country reacts to false


Tusla sex abuse claim against Garda
whistleblower Maurice McCabe
Following all the breaking news throughout
the day as the country reels from the
revelations
10 FEB 2017

Garda Sgt Maurice McCabe leaves Leinster House,


Dublin in 2014
Following all the breaking news throughout the day as
it emerged that child and family agency Tusla
accidentally put child rape allegations into a file on
Garda whistleblower Maurice McCabe.
A counsellor "copied and pasted" the explosive claims -
which were completely untrue - into a dossier which
was then handed to Gardai and widely circulated in
2013.
It is believed this led to the 'smear' campaign against
the officer, who had raised serious issues about
mismanagement within the force.
TUSLA admitted it made a "clerical error" in 2014, but
Mr McCabe only found out about the damaging
allegations last year.
Conclusion
14:16
Tanaiste told Dail yesterday she was unaware if Gardai had been
contacted by any State agency over McCabe
13:57
Tusla chief Fred McBride: "We passed on information to the
department within days of us finding out"
13:46
Tusla chief Fred McBride says he has issued apology and is seeking a
meeting with Maurice McCabe
13:19
Former Garda and whistleblower John Wilson describes affair as
worst scandal in the history of our republic in emotional radio
interview

Tanaiste told Dail yesterday she was


unaware if Gardai had been
contacted by any State agency over
McCabe

Tanaiste and Minister for Justice and Equality, Frances


Fitzgerald, TD (Photo: Gareth Chaney Collins)
Tanaiste Frances Fitzgerald told the Dail yesterday that
she was unaware if An Garda Siochana had been
contacted by any State agency over Sgt Maurice McCabe.
Here is the conversation as it appears on the Oireachtas
website:
[Deputy Mary Lou McDonald]: As a matter of good
procedure in the pursuance of protecting everybodys
rights, including Sergeant McCabes and the other
whistleblower, it is preferable that the person at the heart
of this matter would step aside without prejudice. That is a
matter of basic common sense but the Tnaiste resiles
from that. That is a very great shame.
Will the Tnaiste confirm for the House, as we know of the
allegations of contact between An Garda Sochna up to
the very top with the media and politicians, if she is aware
of contact between An Garda Sochna and any other
State agency in relation to Sergeant Maurice McCabe?
The Tnaiste: Let me repeat what I have said, and the
Deputy referred to common sense. What I have said is
that I believe the interests of justice in this country are
better served by the process that I have outlined. Of
course, I would want to put on the record that if allegations
of wrongdoing are found to be true, that would be likely to
have very serious consequences, but I repeat that it would
be completely wrong to prejudge the matter.
In relation to Maurice McCabes contact with State
agencies-----
Deputy Mary Lou McDonald: No. I asked about the An
Garda Sochnas contact with other State agencies in
relation to Maurice McCabe. Perhaps I was not clear.
An Ceann Comhairle: The Deputy was very clear.
Deputy Mary Lou McDonald: I asked the Tnaiste is she
aware of contact by An Garda Sochna with other State
agencies in relation to Sergeant Maurice McCabe?
The Tnaiste: In other words, the Deputy is talking about
An Garda Sochna initiating contact with our other
agencies.
Deputy Mary Lou McDonald: Yes.
The Tnaiste: The one I would be aware of would be
contact with, for example, the Garda Sochna
Ombudsman Commission, GSOC, in the normal course of
events, whatever would be appropriate there, but no, I am
not in possession of-----
Deputy Mary Lou McDonald: No other State agency.
The Tnaiste: -----information that it has initiated contact
other than what would be in the normal course of the work
that it would do.

Tusla chief Fred McBride: "We


passed on information to the
department within days of us
finding out"
Chief Executive of Tusla Fred McBride (Photo: Gareth Chaney Collins)
Tusla chief Fred McBride has said his agency told
Katherine Zappones department of the falsehoods within
days of us finding out and towards the end of January.
He added that he wanted to apologise and explain the
matter to Maurice McCabe personally.
He told RTEs News At One: I needed to be clear what I
was going to say in that apology and Mr McCabe is owed
that. I am apologising for what went wrong.
I have to say that also, when we get information about
children or adults or from an outside agency, as was the
case here, we are obliged under Children First to assess
that information and also to pass that to An Garda
Siochana.
If the information turns out to be inaccurate and that was
the case here... it is incumbent on us then to correct that
information as quickly as possible and thats where
mistakes were made on our part.
I cannot say more than that at this stage. All of that level
of detail needs to come under a full review and as I said
already, I would welcome our involvement in the
commission of inquiry.
It was put to Mr McBride that the matter was GUBU -
grotesque, unbelievable, bizarre and unprecedented, a
phrase coined from a comment by former taoiseach
Charles Haughey.
He said: I am conceding that mistakes were made, lets
look into the detail of that, yes, the length of time takes
seems to be absolutely unacceptable on the face of it.
Lets get underneath the detail of that and find out exactly
what happened and how we can put things right.
The inference going around is that Tusla was involved in
some sort of collusion with the guards around the
circumstances of this.
I would absolutely refute that. I would never, ever
knowingly allow that to happen.
I absolutely refute that.
The Tusla boss also said that his agency had shared the
information it had with Katherine Zappones department
towards the end of January.
He said: We passed on information to the department
within days of us finding out, certainly at my level.
You would not expect me to comment on what the
Minister does or doesnt do.
We of course briefed the department once wed looked at
the initial circumstances, looked at the facts of the matters
as far as we could establish them
For the Department of Children and Youth Affairs, we
issued an initial briefing and a report to them.
He said the agency had only shared the information with
the parent department and not any others, such as the
Department of Justice.
Mr McBride added: What they did with it next is, of
course, a matter for them.
He said he had issued a written apology to Mr McCabe
and offered to meet in it personally.
I will try to explain what happened and I will try to explain
what were going to do about that.
I think its really important that we get to the bottom of
what happened here.
Tusla chief Fred McBride says
he has issued apology and is
seeking a meeting with
Maurice McCabe
Tusla boss Fred McBride was speaking on RTEs News
At One just now and said he has issued an apology to
Maurice McCabe and is seeking a meeting with him.
He also said the agency filed a report on the matter to
the Department of Children and Youth Affairs around
the end of January.
Former Garda and whistleblower
John Wilson describes affair as
worst scandal in the history of our
republic in emotional radio
interview
John Wilson (Photo: Collins)

Former Garda and whistleblower John Wilson has


described the affair as the worst scandal in the history of
our republic.
Speaking to the Joe Finnegan Show on Shannonside FM
this morning, with his voice cracking, Mr Wilson said:
Watching Prime Time last night, I was truly shocked and I
see myself being somebody whos not easily shocked.
We have to take into consideration here that were dealing
with a human being, a wonderful individual who is a very,
very quiet and decent man.
Putting petrol into a diesel car is a mistake but this
appalling vista cannot be classified as just a mistake.
I believe that there are dirty Garda fingerprints all over
this scandal.
I think that the way Maurice McCabe has been treated is
criminal.
We are very short in this country of accountability. We
have lots of inquiries and commissions of investigation but
nobody is ever, as far as Im concerned, held accountable
and thats got to change now.
When Martin Callinan departed the scene I called for an
outsider to be brought in as Commissioner, the day after
he left.
Of course that didnt happen and we were left with the
same tune being played by a different orchestra.
I am gutted. I thought I was beyond shockable but seeing
that programme last night and knowing the distress that
these false and malicious allegations have done to that
man...
Mr Wilson paid tribute to his friend Mr McCabe, saying he
found him to be a very decent professional individual
who treated everybody with respect.
He added: If you were the richest man in the town or the
poorest man in the town he had the same time for you.
He treated everybody with dignity, as he still does. He has
two passions in his life - his family and cars and thats it.
Hes a very, very decent individual. Im very, very upset.
The toll that this has taken on the man - he has remained
dignified throughout.
These individuals, many of them who should be in jail,
have destroyed his life.
I have no doubt they have reduced his life expectancy.
The Irish public and the Garda Commissioner should be
proud of a person of his calibre as a member of our
national police force.
Mr Wilson said he had been speaking to Mr McCabe on
Thursday.
He said: It is the most shocking programme that has
appeared on primetime television in this country since
RTE was established, and thats saying something.
The public are aware of many scandals down through the
years - as far as Im concerned there has been a criminal
conspiracy to destroy this man.
To label somebody a paedophile - there is nothing lower.
They have destroyed the man. This is unforgivable.
Somebody has got to go to jail over this.
Criminals know who they are, but I can tell you, there are
lots of criminals in this country wearing uniforms and
pretending to be guardians of the peace and I think its
time the Irish people started shouting and screaming no
more, no more - we want a police service we can be proud
of.
Zappone 'did not report Tusla
error to Cabinet', Irish Times
reports
The Irish Times reports that Katherine Zappone did not
report knowing about the Tusla error to Cabinet on
Tuesday this week.
Brendan Howlin

This is inexplicable. right to call on Minister Zappone to urgently clarify


https://
twitter.com/sarahbardon/st
atus/830038017725325313

1:00 PM - 10 Feb 2017

Fine Gael's Jim Daly: "Copy and


pasting error by Child and Family
Agency is incredible and hard to
comprehend"

Jim Daly TD (Photo: Gareth Chaney Collins)


A statement from Fine Gael deputy Jim Daly has just
come in.
Deputy Daly, Chair of the Oireachtas Committee on
Children and Youth Affairs, said what has emerged on
Thursday evening in relation to false allegations against
Sgt Maurice McCabe is staggering and of the utmost
concern.
He said: Tusla the Child and Family Agency must
explain before the Oireachtas Committee on Children and
Youth Affairs how they sent false allegations of child sex
abuse against a garda whistleblower to An Garda
Siochana.
This is incredible and quite hard to comprehend what has
occurred here against a serving garda member.
Tusla is the State body responsible for the protection and
wellbeing of children across this country.
That is their purpose to protect children and their
interests and not to send files of false allegations to
gardai for further investigation.
The explanation that it was a copy and pasting error or an
administrative error is incompetence of the highest degree.
Is this credible? It needs to be outlined fully.
A mans reputation has been left tarnished here and we
need to have a full account of how this exactly came
about. How did this error of false child sex abuse
allegations end up in the file of a garda whistleblower and
then be forwarded to An Garda Siochana?
There needs to be a full account here by Tusla of their
role in this matter before the Oireachtas Committee on
Children and Youth Affairs.
This is not just of concern in relation to this particular
case. How many other times has such an incidence
occurred where a serious error was made and then
passed onto An Garda Siochana for investigation?
Are there other serious mishandling errors occurring
within Tusla? How are they going about fulfilling their
duties?
High standards are demanded and expected of this State
funded agency but where were they? Can we have
confidence in their work?
Tuslas management committee must appear before the
Oireachtas Committee on Children and Youth Affairs and
provide a thorough explanation of what occurred here and
related issues.
I have written to Tusla to let them know of my concerns
and have requested that they appear before the committee
at the earliest opportunity, Deputy Daly added.
Labour calls for "urgent,
independent review of Tusla
practice and policy"

Jan O'Sullivan TD (Photo: Gareth Chaney Collins)


Labour spokesperson on Children, Jan OSullivan TD, has
called for an urgent review into Tusla practice and policy.
Deputy OSullivan said: We must have the upmost
confidence in our child protection services and Tusla
needs to explain how this happened.
It is clear that the terms of reference for the Charleton
Commission must be re-examined to ensure that they
encompass all of the information revealed last night.
We also require an urgent, independent review of Tusla
practice and policy, to make sure that nobody can again
have their name falsely blackened in such a damaging
fashion.
I am also calling on Minister Zappone to immediately
provide clarity as to whether she briefed her Cabinet
colleagues on her knowledge of the TUSLA file on
Maurice McCabe.
We have heard this morning that she was fully aware of
the details of the case at the end of January.
If she did not bring this information to Cabinet, she
urgently needs to explain why she withheld such relevant
information from her Cabinet colleagues when they were
agreeing to the establishment of a commission of
investigation.
Yesterday in the Dil, the Tnaiste and Minister for Justice
Frances Fitzgerald claimed she was not aware of any
contact between An Garda Sochna and Tusla about
Sergeant Maurice McCabe.
If Minister Zappone briefed her Cabinet colleagues on the
details, then the Tnaiste must now account for why she
misled the Dil on this matter.
Niall Breslin

This is a truly horrific fuck up.


http://www.
breakingnews.ie/ireland/latest
-tusla-to-apologise-to-maurice-mccabe-for-mistakes-
made-776416.html

12:07 PM - 10 Feb 2017


Calls for whistleblower inquiry to be
expanded to include politicians
09/02/2017

There is growing agreement among parties that a new inquiry


into claims garda chiefs led a smear campaign against a
whistleblower needs to include members of government and
politicians, writes Juno McEnroe.
Fianna Fail, Labour, the Green Party as well as Independent
TDs have this afternoon called for the terms of the Charleton
inquiry to be expanded.
They want communications between gardai and ministers as
well as politicians to form part of the commission of
investigation.
Garda Commissioner Noirn O'Sullivan

The new inquiry will examine claims made under protected


disclosure that Garda Commissioner Noirin O'Sullivan and her
predecessor, Martin Callinan, orchestrated a campaign
against whistleblower Sgt Maurice McCabe.

The inquiry is tasked with looking at mobile phone


communications, documents and can call witnesses, including
media, to give evidence.
Fianna Fail justice spokesman Jim O'Callaghan said his party
wanted the terms expanded to include potential
communications with members of government. Labour's
Brendan Howlin said members of the Oireachtas should also
be included. Sinn Fein want other agencies included who may
have been contacted by senior gardai alleged to have been
part of the campaign.
Justice Minister Frances Fitzgerald has said today that the
government are open to accepting amendments to the
commission of investigation but that they will have to be limited
so the inquiry can be completed in a reasonable time. There
will be no vote after the debate today, which instead will likely
be held later this month on expanding the terms.
This afternoon a Fine Gael backbencher broke ranks, telling
the Dil the Garda Commissioner should step aside and that
he doesn't believe Noirn O'Sullivan.
Michael Darcy also described the situation as GUBU-like.
I have to put on the record that I dont believe the
commissioner, he said. I dont believe her because of her
actions and how she instructed her legal counsel to deal with
the O'Neill investigation.
Sinn Fin's Mary Lou McDonald has called for Garda
Commissioner Nirn O'Sullivan to immediately step aside
following the Irish Examiner revelations that she described as
"unprecedented" and "quite frankly disgusting and vile".
The party's Deputy Leader welcomed the establishment of a
Commission of Investigation into allegations Ms O'Sullivan had
knowledge of a campaign to smear Garda whistleblower
Sergeant Maurice McCabe.
Ms McDonald said: "Revelations this evening that An Garda
Sochna were sent a file by TUSLA into an alleged crime that
turned out to be entirely unsubstantiated are unprecedented
and quite frankly disgusting and vile.
"Such are the allegations in this case, it is in incumbent on the
Garda Commissioner Nirn O'Sullivan to step aside
immediately for the duration of the Charleton Commission's
investigation.
"The Minister for Justice and Equality Frances Fitzgerald must
also explain how she could possibly have been unaware of
this contact between An Garda Sochna and another state
agency, as she claimed in the Dil in response to a question
from me today. How could that possibly have been the case?"
Update: This afternoon a Fine Gael backbencher broke ranks,
telling the Dil the Garda Commissioner should step aside and
that he doesnt believe Noirn OSullivan.
Michael Darcy also described the situation as GUBU-like.
I have to put on the record that I dont believe the
commissioner, he said.
I dont believe her because of her actions and how she
instructed her legal counsel to deal with the ONeill
investigation.
Earlier: Taoiseach Enda Kenny has given his full backing to
the Garda Commissioner Noirn OSullivan, writes Daniel
McConnell in Warsaw.
Speaking in Warsaw, Mr Kenny said : You cannot have a
country if everybody against whom allegations are made has
to step aside.
Mr Kenny said the call for Noirn OSullivan to step aside while
a Commission of Investigation probes whether she had
knowledge of a campaign to smear whistleblower Maurice
McCabe.
Speaking in Poland, the Taoiseach said Ms OSullivan has
the full confidence of Government.

Asked if it was credible for her to remain as garda chief during


the inquiry, which will last at least nine months, Mr Kenny said:
There is no prima facie evidence. There is no indication of
any wrongdoing of any kind on behalf of the Garda
Commissioner.
For that reason she is fully entitled to the support of
government.
Mr Kenny also denied that he is concerned losing a second
garda commissioner under his watch could shorten the lifetime
of the Government.
He said the suggestion was utterly irrelevant.

Sinn Fein TD Donnchadh O Laoghaire (Photo: Gareth Chaney Collins)


Sinn Feins spokesperson on Children Youth and Affairs
Donnchadh O Laoghaire has said Tuslas involvement in
the false allegations against Sgt McCabe is very
worrying.
Deputy O Laoghaire said: The fact that such a file
concerning very serious but unfounded allegations was
held by Tusla is very worrying.
It also emerged that Sgt McCabe had no knowledge of
this file although it was known amongst other high ranking
Gardai in the force.
This raises some serious questions in relation to Tuslas
practices.
These allegations, which have since been found to be
untrue, are damaging to the character of Sgt Maurice
McCabe, and he is at the very minimum deserving of a
public apology on behalf of Tusla.
Tusla receives allegations of this nature regularly and has
to treat all information with care, but the manner in which
this information was made widely available to others in
senior roles in the force due to a clerical error is
questionable at best and quite sinister at worst.
Sgt McCabe, in my opinion, is extremely brave to have
chosen to expose the discrepancies that he did.
That such a file could be held, raises questions as to
whether any other files of this nature are held by Tusla.
The agency must immediately review its processes to
ensure nothing of this appalling nature happens again and
to ensure the public that this will not be repeated.
I am calling on the CEO of Tusla to come before the
Oireachtas Committee on Children to explain this worrying
episode.
I am also calling for a full apology from Tusla as a matter
of priority so to allow Sgt McCabe to move on from such
traumatic and damaging slander.
Social Democrat TD Roisin Shortall (Photo: Gareth Chaney Collins)
Social Democrats co-leader Roisin Shortall has called for
an immediate response from Childrens Minister
Katherine Zappone to the role of Tusla in the McCabe
story.
Speaking this morning, she said: The extraordinary
sequence of events regarding these vile allegations made
against Sergeant McCabe require a full and early
explanation from Minister Zappone, who has political
responsibility for the operation of Tusla.
At a minimum, these events amount to serious
maladministration and incompetence.
The public has a right to know if this is the case and if so,
heads must roll.
We must also have the right to know if there were more
sinister forces at play in Tusla and if that is the case, those
circumstances must be rigorously and fully investigated.
The easy option for the Government is to kick all of these
issues into the Charleton Inquiry which is likely to further
overload what already promises to be a dense and
complex investigation and no doubt will lead to further
delays.
Given the important and sensitive role of Tusla in respect
of child protection services we must have an early
assurance from the Minister that it is possible to have
confidence in the organisation.
Unless the McCabe issue is dealt with speedily it will not
be possible to guarantee the integrity of the organisation.
Unfortunately the only current method of dealing with the
wider serious issues surrounding the McCabe affair is a
commission of inquiry.
This again illustrates all too vividly the fact that as a
country we have no effective means of investigating
suspected corruption and serious wrongdoing.
This is why the Social Democrats have consistently called
for an Independent Anti-Corruption Agency to be
established which would have the power to prosecute as
well as investigate.
The commission of investigation model provides a means
of examining serious matters of public concern.
However, the fact that it is precluded from making adverse
findings against individuals means that we do not get
accountability from those who engaged in wrongdoing.
Yet another report from yet another commission of inquiry
will do little to address concerns about the existence of a
culture of corruption, nor will it do anything to reassure the
public that the Government is taking these allegations
seriously.
It simply serves to further erode the trust that people have
in our public institutions.
Tusla media statement: "We
are in the process of
apologising fully to the
individual involved"
A statement has just dropped from agency Tusla.
Due to Data Protection and Constitutional rights, Tusla
is prohibited from commenting on the detail of
individual cases.
We also have a responsibility to protect the privacy
and wellbeing of the children and families with whom
we work.
Taking an overall view of this situation, however, it is
clear to us that mistakes have been made.
On this basis, we have commenced an internal review
and will cooperate fully with any Commission of Inquiry
if requested.
Although we cannot comment on the details of this
individual case, we can confirm that we are in the
process of apologising fully to the individual involved.
It is important to note that when we receive allegations
from a child or from an adult reflecting on when they
were a child that we are obliged to carry out a
complete assessment.
We also accept that because of the nature and
complexity of these situations, the systems and
processes involved in doing this need to be extremely
robust.
In this case, it appears there were some failures and
these are the subject of our internal review, the
conclusions of which will be made public.
Tusla regrets that this situation has arisen and deeply
apologises for distress caused.
It does not reflect the high standards that we hold
ourselves to and we want to assure the public that we
will take whatever steps are required to ensure that
nothing like this happens again.
Health Minister Simon Harris: Tusla
should apologise "forthwith"

Minister for Health Simon Harris TD (Photo: Gareth Chaney Collins)


Health Minister Simon Harris has said the allegations by
Tulsa are concerning and disturbing and that they should
apologise.
He told Newstalk: Tusla do not need to wait for a
commission of investigation to be established by the
houses of the Oireachtas to provide important information
to the public.
I think they should do that as quickly as possible. I think
they should do some of that today.
And I think they should explain why an apology hasnt
been issued to Sgt McCabe when it was clearly their
intention to do so.
And I think they should issue that apology forthwith.

McCabe's solicitor says allegations


are 'absolutely devastating' to
whistleblower's family
Garda Sgt Maurice McCabe leaves Leinster House, Dublin in
2014 (Photo: Gareth Chaney Collins)
Maurice McCabes solicitor Sean Costello has told RTEs
Today With Sean ORourke programme that his client is
devastated over the allegations made against him.
Speaking to the radio show, he said the impact on the
McCabe family is horrendous.
He said: To think a government agency charged with the
protection of children and a state run body who would deal
with a complaint in the manner outlined.
Mr Costello said the complaint was first made in August
2013 and was referred to local Gardai and the matter was
to be investigated.
He added On papers I have seen and that being August
2013, it appears nothing happened until May 2014 when
the same individual who had referred the complaint to the
HSE wrote to state that it had come to their attention that
the initial report made, contained what was then called an
administrative error.
He said that error related to the description of abuse.
Mr Costello said some questions have been answered but
there are a lot of questions and in my view some degree of
gaps in what we are looking at.
He said an apology from Tusla to his client will not be
enough and added that they need more information from
Tusla and the HSE and that they need to know how
mistakes like the one made can occur.
He said: It is extraordinary that an agency like Tusla
should make a mistake of that nature. The question will
only be answered if this should be the subject of the
inquiry.
We were told the Tusla review would take place and it
concluded in September of 2016. What we were told is
the matter would proceed no further. But at that stage
we werent given any of the details we now know. He
said he has not seen the intended expanded terms of
reference in the Charlton Commission of Inquiry and
added: In respect of the Tusla matter and how that
may or may not tie in, I dont know. In relation to the
files opened on McCabes children, Mr Costello said it is
devastating. He added: As any parent, aunt, uncle,
whoever sees these thing written about Maurice
McCabe, that he posed a potential risk is just absolutely
devastating. And how that manifests itself and became
part of what are allegations at least at this stage and
became part of a campaign. He outlined the worry that
the McCabe family have had to endure. He has gone
through a lot through so many years. It seems every
number of months something occurs. They want to
know when this will end and when they can start to live
a proper life and not wonder whether tomorrow they
are going to read something else about Maurice.
ianna Fail's Anne Rabbitte calls on
Children's Minister Katherine
Zappone to explain Tusla failures
A release in from Fianna Fail just now.

Fianna Fail Spokesperson on Children and Youth Affairs Anne


Rabbitte TD (Photo: Gareth Chaney Collins)
Fianna Fail Spokesperson on Children & Youth Affairs
Anne Rabbitte has written to the clerk of the Committee on
Children & Youth Affairs calling for Minister Katherine
Zappone to appear before it at the earliest opportunity and
explain what knowledge she had of the appalling failures
within Tusla with regard to Garda whistleblower Sergeant
Maurice McCabe, and what communications she had with
Cabinet colleagues on the matter.
Deputy Rabbitte has expressed her shock at the appalling
revelations, which emerged in last nights Prime Time
programme.
I was absolutely horrified and sickened by the account of
what happened within Tusla in this case.
The agency and the Minister have serious questions to
answer about how such a serious error could occur and
why it took so long to correct.
Why are very serious case reports being composed by
cut and paste? How could it take almost three years for
this error to be brought to the attention of the Minister for
Children?
Did the Minister for Children contact the Minister for
Justice when she became aware of this grave error?
And why is Sergeant McCabe still awaiting an apology?,
said Deputy Rabbitte.
I have serious concerns about the workings and
management of Tusla and public confidence in the agency
has been very seriously undermined.
We need to hear from Ministers Zappone, Reilly and
Flanagan about what each knew during their tenure.
We now know that Minister Zappone met with Sergeant
McCabe two weeks ago why was this meeting not
included in the terms of reference of the Commission of
Investigation that was announced this week?
This has serious reputational implications for Tusla and
our child protection mechanisms.
We now need assurances from both Tusla and the
Minister that processes will be put in place to ensure that
this never happens again.
It is imperative that Minister Zappone makes a statement
on the matter without delay.

McCabe 'intends to take case


against the State'
RTE reports that a source close to Maurice McCabe says
that the whistleblower intends to take a case against
the State for all the damage caused to him.
Sinn Fein's Mary Lou McDonald
says Garda Commissioner must
step aside temporarily
Sinn Fein Mary Lou McDonald TD (Photo: Gareth Chaney Collins)
Sinn Feins Mary Lou McDonald told RTE this morning that
the Garda Commissioner should step aside temporarily.
She added that she does not accept the Garda chiefs
stepping aside would be an admission of wrongdoing - or
that she can not return to her post following the Charleton
inquiry.
The deputy SF leader said this morning that following the
Tusla blunder, she was strengthened in her view that Ms
OSullivan must, without prejudice, step aside to allow the
Charleton inquiry to do its work.
She described the TUSLA error as catastrophic.
The issue is the level of contacts between TUSLA and An
Garda Siochana, the nature of it, and a thorough
investigation into whether this was maladministration or
something else.
This is not simply explained away by maladministration,
she told RTEs Morning Ireland.
I am and I was a member of the Public Accounts
Committee at the time when Maurice McCabe took the
unprecedented and heroic decision to come before us on
the issue of penalty points.
Little did i know...that potentially, behind the scenes, so
much more was happening with respect to a full on, no-
holds barred assault on this man...an officer of the law, a
husband, a father, a law-abiding citizen, to be subjected in
this manner to a most vicious smear campaign.
I dont accept that [Commissioners] act of stepping aside
is any admission or acceptance of guilt.. or that she can
not step back into the position.
Noirin OSullivan was Deputy Commissioner in the
previous regime... I believe it is absolutely necessary for
her to stand aside to let the Commission to pursue its
work.
Fianna Fail's Dara Calleary
responds

Fianna Fail Spokesperson on Public Expenditure & Reform


Dara Calleary (Photo: Gareth Chaney Collins)
Responding to the extraordinary blunder today, Fianna
Fails Dara Calleary said McCabe had been failed by the
State.
He said: Sergeant Maurice McCabe was failed by the
State in the most fundamental and damaging way.
It is incredible to see to how such a devastating
administrative error with such serious and personal
ramifications could be allowed go through the childcare
and justice system for so long.
It is crucial that this horrendous episode be fully
investigated and included in the terms of reference to the
Charleton Inquiry.
Background
First, a little background.
RTEs Prime Time last night revealed that a Tusla file
with false child rape allegations against Mr McCabe was
widely circulated in 2013.
No attempt was made to bring the allegations to Mr
McCabe.
The false allegation stated that the father abused a
young girl, claims which Mr McCabe said had destroyed
his family.
He told todays Irish Examiner: How can I and my
family be on the system [in Tusla] since 2013 and not
be told about it?
The first I knew about any of this was when I contacted
about that horrendous allegation last year.
They have destroyed us. I find it hard to believe that it
was an honest mistake.
Senior members of the force were aware of the
allegations, according to the RTE programme.
The new development comes following allegations in
the Dail by Labours Brendan Howlin that Garda
Commissioner Noirin OSullivan contacted journalists
saying Mr McCabe was facing a sex abuse rap - which
she denies.

TUSLA error on McCabe file


Sinn Fein deputy leader says Noirin
O'Sullivan stepping aside during probe into
'smear campaign' does not imply
wrongdoing

Sinn Fein's Mary Lou McDonald said she does not


accept the Garda chief's stepping aside would be an
admission of wrongdoing - or that she can not return to
her post following the Charleton inquiry.
The probe, investigating whether Garda management
orchestrated a smear campaign against whistleblower
Sergeant Maurice McCabe - took an explosive turn on
Thursday night when it emerged TUSLA mistakenly
included false sex abuse claims in McCabe's file
This is believed to have fuelled the smear campaign,
designed to silence his criticism of mismanagement
within the Gardai.
SF's Deputy leader McDonald said this morning that
following the blunder, she was "strengthened" in her
view that Ms O'Sullivan must, without prejudice, step
aside to allow the Charleton inquiry to do its work.
She described the TUSLA error as "catastrophic".
"The issue is the level of contacts between TUSLA and
An Garda Siochana, the nature of it, and a thorough
investigation into whether this was maladministration
or something else.
"This is not simply explained away by
maladministration," she told RTE's Morning Ireland.
Little did i know...that potentially, behind the scenes, so
much more was happening with respect to a full on, no-
holds barred assault on this man...an officer of the law,
a husband, a father, a law-abiding citizen, to be
subjected in this manner to a most vicious smear
campaign.
"I don't accept that [Commissioner's] act of stepping
aside is any admission or acceptance of guilt.. or that
she can not step back into the position.
"Noirin O'Sullivan was Deputy Commissioner in the
previous regime... I believe it is absolutely necessary for
her to stand aside to let the Commission to pursue its
work.
False allegations made against him..Maurice McCabe (Photo:
Gareth Chaney Collins)
"I am and I was a member of the Public Accounts
Committee at the time when Maurice McCabe took the
unprecedented and heroic decision to come before us on
the issue of penalty points.
Dil hears Garda chief led Maurice McCabe smear claims
Pressure is growing on Garda Commissioner Nirn
OSullivan to step aside following further allegations she
directed a smear campaign against whistleblower
Sergeant Maurice McCabe.
ARE YOU STILL THERE THOUGHT YOU'VE BEEN GONE BY NOW.
GOOD BY. DON'T LET THE DOOR HIT YE ON THE WAY OUT.
As the Government published the terms of reference of a
commission of inquiry, opposition parties demanded Ms
OSullivan step aside for the duration of the investigation.
Labour leader Brendan Howlin went further, claiming Ms
OSullivans position was untenable. Earlier, in the Dil he
accused the commissioner of spreading allegations of sex
crimes against Sgt McCabe.
He said he was contacted by a journalist who claimed
direct knowledge of the smear campaign against Sgt
McCabe.
The journalist told me that they have direct knowledge of
calls made by the Garda commissioner to journalists
during 2013- 2014 in the course of which the
commissioner made very serious allegations of sexual
crimes having been committed by Garda Maurice
McCabe, said Mr Howlin.
Ms OSullivan issued a statement categorically denying
the allegations which were made under Dil privilege,
saying she refutes in the strongest terms the suggestion
that she has engaged in the conduct alleged against a
serving member of An Garda Sochna.
The statement added: This is the first occasion on which
the commissioner has been made aware of the allegations
made by Deputy Howlin and to her knowledge no report
having been made to the Garda Sochna Ombudsman or
elsewhere relating to the specific allegations.
The commission of inquiry, headed by Supreme Court
judge Peter Charleton, will examine claims by former head
of the Garda press office Superintendent Dave Taylor that
he was involved in a campaign of propaganda against Sgt
McCabe in 2013 and 2014, and that he was operating
under the instructions from then commissioner Callinan
and with the knowledge of Ms OSullivan, who was deputy
commissioner.
The inquiry will examine whether there was a concerted
campaign to blacken Sgt McCabes character, including
allegations Mr Taylor was instructed to:
* Encourage reporters to write negatively about Sgt
McCabe and brief reporters that Sgt McCabes claims of
malpractice have no substance;
* To brief reporters that Sgt McCabe was motivated by
revenge against the garda over an allegation of criminal
conduct allegedly made against him;
* To examine any files on Maurice McCabe which were
created or retained.
This refers to an allegation from Mr Taylor that an
intelligence file on Sgt McCabe was created at Garda HQ.
The commission will also examine phone records from Mr
Callinan and Ms OSullivan for the period in question, and
examine a meeting between Mr Callinan and John
McGuinness in 2014, when the latter was chair of the
Public Accounts Committee, in front of which Sgt McCabe
was due to appear.
Mr Justice Charleton is also tasked with investigating
whether Ms OSullivan planned and orchestrated
broadcasts on RT on May 9 last year using briefing
material prepared in Garda headquarters.
The terms of reference of the inquiry state that the report,
purporting to be a leaked account of an inquiry into Sgt
McCabes whistleblowing, branded him a liar and
irresponsible.
Significantly, issues around alleged attempts to attack Sgt
McCabes character at the OHiggins Commission have not
been included in the inquiry.
Sinn Fin and a number of independents have also called
for the commissioner to step aside but both the
Government and Fianna Fil have indicated that they
believe she is entitled to remain in office unless any of the
allegations are substantiated.
Tnaiste and Minister for Justice Frances Fitzgerald said
that the allegations of wrongdoing have to be investigated
fairly and fully.
That is what is now going to happen, said Ms Fitzgerald.
It is in the interests of both persons making the
allegations and those against whom allegations have been
made that the commission, which will have all the
necessary legal powers to attempt to establish the truth,
be allowed proceed with its important work.
Whistleblower inquiry:
Garda chief will not be asked
to stand aside
Government sources say support for Nirn OSullivan
reliant on outcome of inquiry
Wed, Feb 8, 2017, 01:00 Updated: Wed, Feb 8, 2017, 08:59
Sarah Bardon

Garda Commissioner Nirn OSullivan: Has faced renewed calls to stand


aside during inquiry. Photograph: Eric Luke
The Government will not ask Garda Commissioner
Nirn OSullivan to stand aside from her position,
despite being the subject of a statutory inquiry.
Minister for Justice Frances Fitzgerald has confirmed
she will launch a commission of investigation into
allegations that Ms OSullivan and former Garda
commissioner Martin Callinan engaged in a campaign of
harassment against whistleblower Sgt Maurice McCabe.
The allegations were contained in a protected disclosure
by Sgt McCabe and former head of the Garda Press
Office Supt David Taylor.
Supt Taylor alleged he was instructed by senior Garda
management to discredit whistleblower Sgt McCabe by
spreading rumours about his professional and personal
life.
The commission, which will be chaired by Supreme
Court judge Mr Justice Peter Charleton, will assess
whether Ms OSullivan and Mr Callinan instructed Supt
Taylor to spread false allegations about Sgt McCabe.
It will also investigate whether they had any knowledge
of the attempt to undermine Sgt McCabe, who had made
allegations of Garda mismanagement in the
Cavan/Monaghan district.
The commission will investigate the extent to which the
media and persons of influence, including elected
representatives, were briefed on such claims.
Mr Callinan and Ms OSullivan have both strongly
rejected the allegations and insist they had no knowledge
or involvement in the undermining of Sgt McCabe.
No reason for Garda Commissioner to step aside,
says Fitzgerald
Tnaiste has no objection to including Tusla in
whistleblower inquiry
Scope of Garda whistleblower inquiry may be
widened
L
The commissioner has faced renewed calls to stand aside
while the inquiry is under way.
Being removed
A spokesman for the Government confirmed there was
no question of Ms OSullivan being removed from her
position.
However, Government sources said their support was
reliant on the outcome of the commission of inquiry.
If there is a finding of fact made against the
commissioner we will have to examine that and decide
how to proceed.
Ms Fitzgerald instructed Mr Justice Iarlaith ONeill to
examine the allegations of Supt Taylor and Sgt McCabe
last year and he reported to her on December 7th.

http://www.irishtimes.com/news/politics/whistleblowe
r-inquiry-garda-chief-will-not-be-asked-to-stand-aside-
1.2967277#.WJp81HDwlqk.twitter

Politicians Under Pressure


https://soundcloud.com/irishtimes-politics/politicians-
under-pressure

McCabe issued legal


threat to RTE over
reporting of the
O'Higgins inquiry

Philip Ryan Twitter


EMAIL
PUBLISHED
29/05/2016
Whistleblower Maurice McCabe Photo: Tom Burke
Garda whistleblower Maurice McCabe
issued a legal threat to RTE after the State
broadcaster first reported on the
unpublished findings of the O'Higgins
Commission of Investigation.
RTE aired reports on its flagship radio programme
Morning Ireland two days before Justice Minister Frances
Fitzgerald released the entire 360-page report.
The report focused on allegations of corruption made by
Sgt McCabeagainst former Garda Commissioner Martin
Callinan, which were found to be untrue by Justice Kevin
O'Higgins.
It also highlighted the fact that some of the garda
sergeant's claims were found to be "overstated",
"exaggerated", "unfounded" and "withdrawn".
Sgt McCabe's legal team contacted the station,
complaining about what they believed to be unfair
coverage of the report, which was not yet published at that
time.
An RTE spokesperson said yesterday that the broadcaster
did not wish to comment.
Meanwhile, Fianna Fail TD John McGuinness is calling on
former garda commissioner Martin Callinan to address the
revelation that they met in a car park on the Naas Road in
Dublin to discuss Sgt McCabe ahead of his appearance at
the Oireachtas Public Account Committee (PAC).
Sgt McCabe appeared before the PAC to give details of
wrongly quashed penalty points.
Mr McGuinness said "vile and disturbing allegations"
made against Sgt McCabe were relayed to him by Mr
Callinan during a meeting organised at the then
commissioner's request.
"I think the question now is who else knew within the
gardai about these allegations made against Maurice
McCabe and why were these allegations being promoted,"
he told the Sunday Independent.
"Now that nothing has transpired out of those allegations,
it is clear to me they were being used for one purpose and
one purpose only," he added.
The Carlow-Kilkenny TD said he spoke with Sgt McCabe
about the allegations and he was satisfied by his denials.
Mr McGuinness said Garda Commissioner Noirin
O'Sullivan also should address whether she knew about
these allegations.

Almost as if someone knew it was false."

and did nothing so it would do the job it was intended to


do?
Is the reason why Zappone is refusing to reveal the
"relevant Ministers" is because it would contradict the
Tiniste's revelations that she was not aware? Or is she
refusing to reveal that she neglected to inform the Tiniste
because she didn't consider her a "relevant Minister"??

Either way, it looks bad for all concerned..

The proverbial manure is about to hit the fan.

There goes the idea that it was a "clerical error".


Guess who was Minister for Children's Affairs in 2014 when
Tusla copped their "clerical error"?

"In April 2014, social workers in Tusla opened files in the


names of each of Sgt McCabes children. All four files
included the allegations of sexual abuse."

"TUSLA admitted it made a "clerical error" in 2014, but Mr


McCabe only found out about the damaging allegations
last year."

The Government are in Damage Limitation Mode

Mr McGuinness said he met Mr Callinan at the garda


chief's request on January 24, 2014, in a hotel car park
just off the Naas Road. The alleged meeting took place just
days before Sergeant Maurice McCabe was due to appear
before the Public Accounts Committee.""
Judge to probe former
PAC chairman's claim of
'meeting with Callinan in
car park'

Niall O'Connor Twitter


EMAIL
PUBLISHED
09/02/2017
John McGuinness. Photo: Tom Burke
A secret meeting that allegedly took place
between former garda commissioner Martin
Callinan and Fianna Fil TD John
McGuinness will be probed by the judge-led
commission.
Mr McGuinness said he met Mr Callinan at the garda
chief's request on January 24, 2014, in a hotel car park just
off the Naas Road. The alleged meeting took place just
days before Sergeant Maurice McCabe was due to appear
before the Public Accounts Committee.
The then-PAC chairman claimed in the Dil that Mr
Callinan told him Sgt McCabe "could not be trusted".
Mr McGuinness was later criticised for remaining tight-
lipped on the alleged meeting for a lengthy period.
Serving Garda Commissioner Nirn O'Sullivan has since
claimed through her spokesman that she was not aware of
the meeting between the two men.
Judge Peter Charleton will examine whether such a
meeting took place and the circumstances around it.
He will also try to establish what was discussed at the
meeting.
Speaking to the Irish Independent last night, Mr
McGuinness - now the chairman of the finance committee
- said: "I welcome the investigation. I look forward to
Judge Charleton getting to the truth of this matter."

http://www.independent.ie/irish-news/politics/judge-to-
probe-former-pac-chairmans-claim-of-meeting-with-
callinan-in-car-park-35436395.html

Watch how the political dpp's office will protect all their
political appointed gardai.
THE extent to which Supt David Taylor has implicated
himself in a campaign of black propaganda against Sgt
Maurice McCabe became fully apparent yesterday. Taylor
should be jailed
Jail Martin Callinan, David Taylor, Derek Byrne, John O
Mahony and Noirin O sullivan, they are corrupt and vile.
There was no clerical error, more lies by TUSLA, dpp ,HSE,
Revenue etc, this was senior gardai colluding with the
HSE, Tusla etc , its what they do
https://www.irishexaminer.com//black-rumour-and-
gossip-cou
http://www.irishtimes.com//garda-whistleblowers-the-
graves

Black rumour and gossip could


damage An Garda Sochna
Thursday, February 09, 2017
Unless everything is a ball of smoke, then its not just the upper
echelons of An Garda Sochna that will be damaged by Judge
Charletons inquiry, writes
THE extent to which Supt David Taylor has implicated
himself in a campaign of black propaganda against Sgt
Maurice McCabe became fully apparent yesterday.
The terms of reference for the commission of inquiry to
investigate whether there was a campaign against
McCabe spoke volumes. The terms are based mainly on
Taylors claims.
These include his claim that he briefed the media to write
negatively about Sergeant McCabe to the effect that his
complaints had no substance, that the garda had fully
investigated his complaints and found no substance to his
allegations and that he was driven by agendas.
In addition, he admitted briefing that an allegation of
criminal misconduct had been made against Sgt McCabe
and that this was the root cause of his agenda, namely
revenge against the garda.
The latter theme also featured in attempts at the
OHiggins Commission to attack McCabes character.
There is a pattern here, or maybe just a series of
coincidences. Unable to refute McCabes claims of
malpractice, elements within the force allegedly decided
to instead mercilessly attack his character. The question is
whom these elements were.
Taylor admits his role, but claims he was instructed by his
boss, then commissioner Martin Callinan, with the full
knowledge and complicity of current commissioner Nirn
OSullivan.
Taylor had left the press office and HQ by April 2015 when
there was another alleged attempt to attack McCabes
character behind the closed doors of the OHiggins inquiry
into McCabes claims.
Counsel for OSullivan said he was instructed to do so, but
the commissioner says she never issued such instructions.
Only when McCabe produced a tape recording vindicating
himself of such allegations, did the matter die.
Taylor was gone by then. If what happened at OHiggins
was part of a pattern to attack McCabe, then it outlived his
tenure at HQ, which would give some weight to Taylors
claim that he wasnt acting off his own bat.
The goings-on in OHiggins are not included in terms of
reference, which is unfortunate, as they were extremely
serious and remain unresolved.
Nirn OSullivan

What is included in the terms is an allegation that RT was


supplied with briefing material about the OHiggins report
ahead of publication, which painted McCabe as a liar.
The inquiry will also examine a meeting between Fianna
Fil TD John McGuinness and then commissioner Callinan
in a carpark in 2014. McGuinness has stated that Callinan
attempted at that meeting to discredit McCabe, saying he
wasnt to be trusted and that there were issues about him.
Earlier in the Dil there was a significant, if somewhat
shocking, development, when Labour leader Brendan
Howlin made an extraordinary allegation under privilege.
He had raised the issue over whether OSullivan should
step aside for the duration of the commission of inquiry.
Then he revealed that he had been contacted by a
journalist by phone that morning.
The journalist told him they had direct knowledge of calls
made by the Garda commissioner to journalists during
2013 and 2014 in the course of which the commissioner
made very serious allegations of sexual crimes having
been committed by Garda Maurice McCabe.
Howlins decision to relate the allegation under privilege
carries a certain weight. He passed on allegations about
the garda in 2000 which led to the setting up of the Morris
Tribunal into malpractice in the force in Donegal.
Afterwards, Howlin and former TD Jim Higgins were
dragged all the way to the Supreme Court over their
refusal to divulge their sources. As it was to turn out,
setting up the Morris Tribunal was a correct, if belated,
decision, demonstrated by an outcome which exposed
serious malpractice and corruption.
Now Howlin is making another claim under privilege about
the guards, and deserves to be listened to. As does
OSullivan, but the questions around her are multiplying to
the extent that either she has serious issues to answer or
a number of people are now out to bury her in the same
way some elements once attempted to bury McCabe.

Garda Maurice McCabe

The other outcome from Howlins Dil claims is that he


apparently has unearthed another whistleblower of sorts.
The journalist who contacted Howlin taking the Labour
leader at his word must have been within the ambit of
those who were fervently briefed by Garda HQ about Sgt
McCabe, if this journalist has the direct knowledge that
they claim.
Judge Charleton will be interested to hear from one who
has apparently undergone a Pauline conversion.
Presumably, the judge will also be curious as to which
other senior figures briefed this journalist and what exactly
they had to say.
In addition, there is the issue over whether these alleged
nefarious briefings affected how this journalist covered the
whistleblower story.
Unless everything is a ball of smoke, as an earlier phase of
this story was once prematurely characterised, then its
not just the upper echelons of An Garda Sochna that will
be damaged by Judge Charletons inquiry.
Elements of the media and some senior political figures
may also emerge from the process shipping damage.

Mary-Lou McDonald's statement puts it to Francis


Fitzgerald to come clean on whether she misled the Dil or
not.
https://www.irishexaminer.com/viewpoints/columnists/
michael-clifford/black-rumour-and-gossip-could-damage-
an-garda-siochana-442401.html

Inquiry shows Governments


mistrust of Garda
management
Frances Fitzgerald says she has faith in Nirn OSullivan,
but shell keep her distance
Wed, Feb 8, 2017, 20:51

Pat Leahy
Garda Commissioner Nirn OSullivan has repeatedly denied allegations she
sought to blacken the name of Garda whistleblower Maurice McCabe, and the
Government has taken these denials at face value up to a point.
Photograph: Eamonn Farrell/RollingNews.ie
Garda Commissioner Nirn OSullivan is to face an
unprecedented commission of inquiry into allegations that
she sought to blacken the name of a Garda officer who
brought wrongdoing in the force to light.
some further reading frm :
(link: http://www.ianfraser.org/unicredit-and-
irelands-dark-heart-of-finance/)
react-text: 10485 ianfraser.org/unicredit-and-
/react-text
This might explain y t Indo went V silent

FitzPatrick held in Anglo


inquiry
Fri, Dec 9, 2011,
Garda are continuing to question former Anglo Irish
Bank chairman and chief executive Sen FitzPatrick as
part of their ongoing inquiry into alleged financial
irregularities at the institution.
Mr FitzPatrick (63) was arrested by appointment this
morning and is being held at Bray Garda station under
section 4 of the Criminal Justice Act 1984. He was
previously arrested in 2010.
The inquiry is being carried out by garda from the
Garda Bureau of Fraud Investigation and the Office of
the Director of Corporate Enforcement.
Former finance director of Anglo Irish Bank Willie
McAteer was also arrested for a second time last month
for questioning about alleged financial irregularities at
the bank. He was later released without charge.
Three files on the investigations into Anglo, now almost
three years old, have been sent to the DPP.
A small group of protesters gathered outside the Garda
station where Mr FitzPatrick is being detained.
http://www.irishtimes.com/business/financial-services/fitzpatrick-
held-in-anglo-inquiry-1.888521#.WJR8U6ooSRQ.twitter
REVEALED: EU auditors
BLOCKED from viewing evidence
by ECB in probe into supervision
rules
THE EUROPEAN Central Bank (ECB) refused to hand over
evidence to European Union auditors when they turned up for
on-site inspections, its been revealed.
By SIOBHAN MCFADYEN
PUBLISHED: 10:00, Sat, Feb 4, 2017
And the shocking lack of transparency for the organisation which
oversees the management of the EU's finances has been widely
accepted by Brussels ministers.
In 2012, EU leaders decided that euro-area banks were to be
brought under supervision of the Single Supervisory Mechanism
(SSM), in which the pivotal role would be played by the ECB.
However a new 'special report' has been scathing in its
assessment of the scheme.

The ECB provided us with very little of the information


we required to assess
Single Supervisory Mechanism - Good start but further
improvements needed
UK Chancellor Philip Hammond was in Brussels last Friday as EU
Finance ministers, known as the "Eurogroup, met to discuss the
imaginatively titled report Single Supervisory Mechanism - Good
start but further improvements needed.
After the meeting, the EU financial guardians say they have
accepted the outcomes of the report which actively states the ECB
has refused to hand over evidence to an investigatory panel.
The bank, which is run by Italian Mario Draghi, announced last
month it will continue to print money to prop up the Euro into 2018.
The bank, which is run by Italian Mario Draghi, announced last
month it will continue to print money to prop up the Euro into 2018.

But the recent report shows the ECB is not being transparent with
the taxpayer.
Eurogroup President Jeroen Dijsselbloem said all of the politicians
around the table agreed with the contents of the report.
And he even called the assessment "great work, despite an entire
chapter which clearly shows the bank is refusing to cooperate with
audits.
GETTY
Conservative MEP David Campbell Bannerman says the ECB report is
damning
Chapter 19 of the report called Difficulty in obtaining audit
evidence reveals startling information about the lack of real
transparency.
It reads: "The ECB provided us with very little of the information we
required to assess the operational efficiency of the management of
the ECBs comprehensive assessments, the operational efficiency
of JSTs, the operational efficiency of the planning and
implementation of supervisory activities, the decision-making
process and the actual work done in the context of on-site
inspections."
But Ministers have refused to intervene or to hold Mr Draghi - who
is embroiled in the scandals rising around the bank Banca Monte
dei Paschi di Siena - to account.
President Dijsselbloem said: "We exchanged views on the
recommendations of the European Court of Auditors' Special
Report on the Single Supervisory Mechanism.
"We fully agree with the overall assessment of the Report.
"And I have to say that the ECB has been very effective in setting
up the SSM in a very short period of time.
"Really great work.
GETTY
The ECB is going to continue to print money into 2018
"The Report does deliver a number of recommendations for further
improvements and the ECB has been very clear that they will take
on those recommendations and work on those improvements and
we will take stock of the follow-up in the coming months in the
framework of our regular dialogue with the SSM."
Chancellor Philip Hammond reiterated his support for the EU as he
spoke with reporters outside the meeting, apparently unperturbed
by the ECB's behaviour.
No one from the ECB has responded to requests for comment.
However the report concluded that the assessment has failed, it
states: "The information provided by the ECB was however not
enough for the ECA to fully assess whether the ECB is managing
efficiently the SSM in the areas of governance, off-site supervision
and on-site inspections."
And Conservative MEP David Campbell Bannerman MEP said this
situation is a "shocking lack of transparency.
He added: Yet more shocking lack of transparency and
accountability from EU institutions.
This is probably due to the Euro being on a cliff edge with every
sign it will go over that edge in 18 months - as even the new US
ambassador to the EU Mr Malloch is predicting.
The European Central Bank did not respond to requests for
comment.

http://www.express.co.uk/n
ews/world/762802/Eurozon
e-Currency-ECB-Auditors-
block-auditors

No invite for Trump; Bailey formally indicted by


French; and, why British PM couldn't fly out of
Baldonnel
In case investigators are short on
questions, post shredding.
'Funny' this was discssd in Vienna,
NEVER in Dublin.

Johnathon Sugarman (Whistleblower)


With Vincent Browne
Dec 6, 2016
https://www.youtube.com/watch?v=WUpmZV8QZiw
Systemic Corruption in Irish government & Banks.
Nov 24, 2016
https://www.youtube.com/watch?v=P8MD-7u2UDw
Garda Commissioner's husband is promoted to
chief superintendent
Robin Schiller and Ken Foy 26 May 2016 02:30 AM

Noirin O'Sullivan (Picture: Damien Eagers)


The husband of Garda Commissioner
Noirin O'Sullivan has been promoted
to Chief Superintendent, it has
emerged.
Detective Superintendent Jim McGowan, who has worked in the
National Bureau of Criminal Investigation (NBCI), was among
dozens of gardai who went through the interview process.
The appointment is part of around 20 promotions for high-ranking
officers currently at the rank of Superintendent or higher.
The promotion of the Garda Commissioner's husband comes just
weeks before responsibility for such appointments switches to
the new independent Policing Authority.
Mr McGowan has also worked at Ballymun Garda Station in the
DMR North Central division, and was previously the
Superintendent in Trim, Co Meath. His current role is
coordinating and tasking regional policing operations in the DMR
division.
Speaking to the Herald, Mr McGowan said he was pleased with
the promotion and that he was able to offer his service to the
force at the rank of Chief Superintendent.
The Garda Commissioner previously defended appointing her
husband to investigate alleged leaks by members of An Garda
Siochana to the media.
Leaks
Mr McGowan, along with Chief Superintendent Francis Clerkin,
was put in charge of investigating alleged leaks of the Roma
report.
Miss O'Sullivan established the probe following a report by the
former Children's Ombudsman into the removal by gardai of two
Roma children from their families in Athlone and Tallaght in
October 2013.
The report found that while the HSE could not be ruled out as a
source of the information that was leaked, the release of details
in relation to one of the minors may possibly have come from
someone in the gardai.
Also promoted are four gardai who will be appointed to the role
of Assistant Commissioner in vacant positions across the country.
These include Det Chief Supt Michael O'Sullivan of the National
Drugs and Organised Crime Bureau; Det Chief Supt John O'Driscoll
of the National Bureau of Criminal Investigation; Det Chief Supt
Eugene Corcoran of the Criminal Assets Bureau; and Chief Supt
Anne McMahon of the Garda College in Templemore.
They will fill existing vacancies in the Dublin Metropolitan
Region, the Northern Region, Southern Region and Western
Region.
Raise
The vacancies arose as a result of a combination of promotions
and retirements over the last 14 months.
The successful candidates were selected following an interview
process led by Dorothy Scally, Chair of the Top Level
Appointments Committee.
However, the decision to approve their appointment ahead of
responsibility being transferred to the Policing Authority will raise
some eyebrows.
http://www.herald.ie/news/garda-commissioners-
husband-is-promoted-to-chief-superintendent-
34747203.html

Tnaiste has no objection to


including Tusla in
whistleblower inquiry
Sgt McCabe received documents confirming he was
subject of an unfounded complaint
about 4 hours ago
Sarah Bardon, Marie O'Halloran
Tnaiste Frances Fitzgerald, has no objection to including all contacts
between gardai and Tusla the terms of reference of a commission of inquiry.
Photograph: Gareth Chaney Collins
Tnaiste Frances Fitzgerald told the Dil she has no
objection to including all contacts between garda and the
Child and Family Agency Tusla in the terms of reference
of a commission of inquiry.

Murphy Report ... Further garda activities in relation to


1986 complaint: ... Each garda told the Commission that he
took no notes of Fr
http://www.bishop-
accountability.org/reports/2009_11_26_Murphy_Report/20_Fr_Partiall
y_Redacted.pdf
Garda whistleblower lodges complaint with SIPO against the
Garda Commissioner and Assistant Commissioner
From the Irish Mail. It's not clear from the article when this alleged
letter from Shatter was sent.
This story seems to have sunk without trace. Meanwhile the
whistleblower involved is anxious to appear before the PAC in
January to discuss the new files that he's handed over.
Ironically, it appears that it was the Dept of Justice who told him
to take any evidence he had to the Justice Oireachtas
Committee. Sensibly enough he went for the PAC instead.
John McGuinness today said that he's waiting for legal advice
before opening the files after demands from Callinan and the
Data Commissioner that they be handed back.
17 DECEMBER 2013ONE of the whistle blowers behind the
Garda penalty points controversy is challenging a finding that
he breached the force's disciplinary regulations over his off-
duty attendance at a courthouse.

John Wilson, with an address in Cavan town, says he thought a


letter he received over the matter was "wind-up or a joke."He
wants High Court orders quashing decisions of May 2012 that he
acted in breach of Garda discipline by refusing to answer why he
was in attendance at the Cavan court proceedings.
Mr Wilson, who retired earlier this year having joined the force in
1982, is challenging findings that he, in neglect of duty, failed to
promptly reply to the Divisional Officer of the Cavan/Monaghan
division concerning correspondence dated January 31, 2012, and
March 6, 2012.
In the January 31correspondence, an explanation was sought
from Mr Wilson as to why, when he was not on duty and not in
uniform, he was at Cavan courthouse in the presence of Walter
and Genevieve Smith who were co-defendants in a case being
heard.

In submissions on behalf of Mr Wilson yesterday, Mark Harty SC


argued his client was entitled not to answer the questions put to
him. The finding this amounted to a breach of discipline was
made in excess of the relevant garda regulations, he
argued.Opposing the application, Eileen Barrington SC, for the
gardai and the State, argued that failure to carry out a lawful
order amounted to a neglect of duty. There was no basis for the
claim the findings were in excess of the relevant Garda
regulations, she submitted.
Having heard from the sides, Ms Justice Iseult O'Malley said she
was reserving her judgment.
Penalty points
whistleblower challenges
disciplinary ruling over
court attendance
PUBLISHED
17/12/2013
P

1
John Wilson. Photo: PA
ONE of the whistle blowers behind the
Garda penalty points controversy is
challenging a finding that he breached the
force's disciplinary regulations over his off-
duty attendance at a courthouse.

John Wilson, with an address in Cavan town, says he
thought a letter he received over the matter was "wind-up
or a joke."
He wants High Court orders quashing decisions of May
2012 that he acted in breach of Garda discipline by
refusing to answer why he was in attendance at the Cavan
court proceedings.
Mr Wilson, who retired earlier this year having joined the
force in 1982, is challenging findings that he, in neglect of
duty, failed to promptly reply to the Divisional Officer of
the Cavan/Monaghan division concerning correspondence
dated January 31, 2012, and March 6, 2012.
In the January 31correspondence, an explanation was
sought from Mr Wilson as to why, when he was not on
duty and not in uniform, he was at Cavan courthouse in
the presence of Walter and Genevieve Smith who were co-
defendants in a case being heard.
The March 6 correspondence also sought that Mr Wilson
comply with the directions dated January 31, 2012.
In submissions on behalf of Mr Wilson yesterday, Mark
Harty SC argued his client was entitled not to answer the
questions put to him. The finding this amounted to a
breach of discipline was made in excess of the relevant
garda regulations, he argued.
Opposing the application, Eileen Barrington SC, for the
gardai and the State, argued that failure to carry out a
lawful order amounted to a neglect of duty. There was no
basis for the claim the findings were in excess of the
relevant Garda regulations, she submitted.
Having heard from the sides, Ms Justice Iseult O'Malley
said she was reserving her judgment.
In an affidavit for the case, Mr Wilson said he had been
stationed at Clones garda station from 2002. When he got
the correspondence seeking an explanation for his
attendance at the Cavan court proceedings, he initially
thought it was "a wind-up or a joke", he said.
Having established the correspondence was genuine, he
was "astonished" as he had done nothing wrong but was
being asked to account for his movements while off-duty.
He felt he was entitled to his privacy while on his day off
but was concerned there was some insinuation he had
done some wrong.
In replies to the correspondence, he said he had asked
what a Garda Inspector was "insinuating about me", he
said.
Garda Chief Superintendent James Sheridan said in an
affidavit he was very concerned that Mr Wilson's presence,
while off-duty at the courthouse in circumstances
connected to the administration of justice in a criminal
case, could give rise to an apprehension of lack of
impartiality on the part of the force with regard to that
case.
Impartiality and independence are essential
characteristics of the force, he said
In other court documents, a solicitor said the proceedings
before the Cavan court which were subject of the query
related to a dispute between neighbours.
The charges of harassment against the defendants, who
had no previous convictions and remain of good
character, were all dismissed after the sides agreed to
undertakings and mediation, the solicitor said.
http://www.independent.ie/irish-news/penalty-points-whistleblower-
challenges-disciplinary-ruling-over-court-attendance-29846742.html
State probe into alleged
harassment of Garda
whistleblowers to be set
up
A report on the matter by Justice Iarfhlaith
ONeill, a former High Court judge, was
presented to Cabinet members today
7 FEB 2017

Allegations of a smear campaign against Garda


whistleblowers by management are to be investigated by
the State.
The full commission of investigation will look at claims that
senior Garda management aimed to discredit two
members of the force through the leaking of rumours
about their personal and professional lives.
A report on the matter by Justice Iarfhlaith ONeill, a
former High Court judge, was presented to Cabinet
members today.
It is believed it will recommend that further inquiries are
needed.
Superintendent David Taylor
Superintendent David Taylor, then head of the Garda
press office, had alleged previously to Justice Minister and
Tanaiste Frances Fitzgerald that higher-ups had asked him
to spread rumours about whistleblower Sergeant Maurice
McCabe.
The claims involve current Garda Commissioner Noirin
O'Sullivan, who has denied any knowledge or involvement.
Mr O'Neill filed the report to the Justice Minister on
December 7 after starting on it last October.
The Irish Times reported that the Government was
minded to set up a commission of investigation on
January 24 and that a proposal would be made to
Cabinet "within a matter of weeks".
Speaking last month to RTE's Today With Sean
O'Rourke show, Commissioner O'Sullivan slammed
allegations she orchestrated the smear campaign.
Garda whistleblower Maurice McCabe (Photo: Collins Photo Agency)

She said: Im not aware, nor was I aware of any campaign


to discredit any individual...
We have learned a lot of lessons and those who had the
courage to speak up have done a great service to An
Garda Siochana and we have to make sure we create an
environment that supports that...
I recognise that it takes great courage to speak up and it
particularly takes great courage as a member of a
disciplined organisation to speak up.
Its a responsibility and a right that we all have to
challenge some of the things we see or even some of the
assumptions about how things are done around here...
OSullivan had also defended her predecessor Martin
Callinan, who had called whistleblowers disgusting
before a Dail committee, saying his remarks had been
taken out of context.
She claimed she passed him a note suggesting he
clarify the remark but added he might not have seen
it.
GARDA CORRUPTION AND THE TREATMENT OF WHISTLEBLOWERS
http://www.integrityireland.ie/ON%20GARDA%20CORRUPTION
%20AND%20THE%20TREATMENT%20OF%20WHISTLEBLOWERS.pdf

Gardai covered up murder


of civilian by member of
the force says TD
Thursday 16th April 2015

Independent TD Clare Daly, using her Dail


privilege, has claimed that gardai helped
cover up the murder of a civilian by a member
of the force.
C-ON-TEXT_CONTENT_START
Ms Daily said that an officer witnessed a colleague
shooting a member of the public but was told by senior
officers to say he was not present during the incident.
The Independent TD alleged the garda witness wrote to
Taoiseach Enda Kenny last year and his complaint was
passed on to the independent review panel set up by
Justice Minister Frances Fitzgerald to investigate around
300 cases of alleged garda corruption.
"This is a question regarding a person who
contacted you [Mr Kenny] last year and told you he
had information on garda being present in a room
when a civilian was shot by garda and of being
ordered by his superiors to say he wasn't present,"
Ms Daly said. "I ask you to consider the fact that, in
the past number of months, not one person from
that review panel has contacted this person to ask
him what murder this was, who was murdered and
who was there
"How in God's name can a review panel
recommend anything if this is the type of shoddy
investigation that is going on?"
The Taoiseach responded that it was not for him to say
why individuals had not been contacted, claiming that the
review panel had not concluded its work
https://www.sundayworld.com/news/gardai-covered-up-murder-of-
civilian-by-member-of-the-force-says-td

I Have No Regrets - Garda


Whistleblower, John Wilson, NWT,
Tues, 10th Nov 14
https://soundcloud.com/oceanfm/i-have-no-regrets-garda-
whistleblower-john-wilson-nwt-tues-10th-nov?
utm_source=soundcloud&utm_campaign=wtshare&utm_medium=T
witter&utm_content=https%3A%2F%2Fsoundcloud.com
%2Foceanfm%2Fi-have-no-regrets-garda-whistleblower-john-wilson-
nwt-tues-10th-nov
Mick Wallace speaking on Garda
Commissioner and O'Higgins Report.
May 18, 2016
https://www.youtube.com/watch?v=bEWW1gALQZA&feature=share

Mick Wallace discussing two recent


Garda Whistleblower cases with Minister
Fitzgerald.
May 26, 2015

https://www.youtube.com/watch?v=9rtBuKzDtmM

Garda warned to drop her sex attack


complaint
Thursday, February 27, 2014
By Michael OKane and Juno McEnroe
A second garda whistleblower was warned by the Garda
confidential recipient of the consequences of pursuing
claims against the force in relation to an alleged sexual
assault, it was claimed in the Dil yesterday.

According to Public Accounts Committee chairman John


McGuinness, a female garda who claimed she had been a
victim of sexual harassment within the force was told by
the confidential recipient: The last man who used this
service is now washing cars in Navan. Mr McGuinness
said: That is what he said. The person stands over the
claim.

The Fianna Fil TD questioned why Oliver Connolly, the


confidential recipient, was sacked before he could be
asked questions including why he told the female garda:
It has gone too high now to cover it up. It has to be
investigated.

Mr McGuinness claimed Mr Connolly then suggested to


her: Dont forget my proximity to the minister, and dont
think I didnt have a word in his ear.

He said Mr Connolly told her to play the political game


and she might get preferential treatment elsewhere.

Addressing Alan Shatter, the justice minister, in the Dil,


Mr McGuinness said: I would ask you, minister, to ask the
confidential recipient is that true or false?

Mr Connolly was sacked by Mr Shatter last week after


refusing to deny he told whistleblower Sergeant Maurice
McCabe that if Shatter thinks youre screwing him, youre
finished.

The Coalition has refused to establish a full statutory


inquiry into Sgt McCabes allegations of garda malpractice,
even though one minister yesterday said it was likely to
happen.

Asked if he thought a full inquiry will follow barrister Sean


Guerins assessment of Sgt McCabes dossier, Agriculture
Minister Simon Coveney told Newstalk: I think there is
likely to be.

Taoiseach Enda Kenny has already conceded that if Mr


Guerin recommends a statutory inquiry, he will establish
one.

Mr Shatter yesterday rejected allegations that he misled


the Dil when he claimed last October that Sgt McCabe
had refused to co-operate with a Garda probe into the
wiping of penalty points.

Contradicting recent remarks attributed to Garda


Commissioner Martin Callinan, that Sgt McCabe was
directed to co-operate with an inquiry by John
OMahony, the assistant commissioner, Mr Shatter said
Sgt McCabe clearly wasnt directed to engage but he was
invited to engage with OMahony.

Sgt McCabe yesterday indicated he wanted the Dil record


corrected after saying he would take all the steps
possible to clear [my] name should Mr Shatter repeat the
malice allegation.

Mr Shatter defended his handling of the controversy,


claiming his Fianna Fil predecessor Dermot Ahern had
been contacted by Sgt McCabe about his claims four years
ago.
http://www.irishexaminer.com/ireland/garda-warned-to-drop-her-sex-
attack-complaint-260225.html

Childrens Minister insists she told


relevant Ministers about false
abuse claims made against
McCabe
By Caroline Gauley -
10th February 2017

The childrens ministers insisting she told relevant


Government colleagues of the false claims of
sexual abuse against the garda whistleblower,
Sergeant Maurice McCabe.
Katherine Zappone has also insisted she believed
the child and family agency, TUSLA, would be
included in the terms of reference of the Charleton
Inquiry.
Through a spokesperson, Katherine Zappone
reveals how she became aware of the issues with
Maurice McCabe and Tusla on January 18th when
his wife Lorraine contacted the department.
She met them a week later and heard first hand of
the devastation the false claims had caused.
The statement insists Minister Zappone informed
relevant government colleagues during the course
of contacts between the department, McCabes and
TUSLA but does not specify when.
It also does not state who the relevant colleagues
were that were informed, and Sinn Fins already
accusing the Tnaiste of possibly misleading the Dil
yesterday.
Minister Zappone, her spokesperson says was
always of the view that TUSLA would form part of
the Commission of Investigation that was
approved alon with terms of rference at last
Tuesdays cabinet meeting terms of reference that
dont include any reference to TUSLA.

TUSLA
Meanwhile, the child and family agency says it is in
the process of apologising to Sergeant Maurice
McCabe.
TUSLAs issued a statement after it emerged the
agency had created a file of false sexual abuse
allegations around the garda whistleblower in
error.
The untrue allegations were passed to Gardai but
Sergeant McCabe was never informed.
Yesterday the Tnaiste and Justice Minister told the
Dil she was unaware of contact between Garda
and any other agency of the state in the case
despite the fact the Childrens Minister met Maurice
McCabe two weeks ago.
Sinn Fin deputy leader Mary Lou McDonald wants
answers:
Meanwhile, local Garda Whistleblower John Wilson
says the McCabe case is the worst scandal in the
history of the Republic.
Speaking on The Joe Finnegan Show today, Former
Garda John Wilson says that this destruction of a
mans life cannot be simply deemed a mistake.
http://www.northernsound.ie/childrens-minister-insists-she-told-
relevant-ministers-about-false-abuse-claims-made-against-mccabe/

Garda appointed
to lead inquiry
into colleague
despite warning
Updated / Sunday, 6 Sep 2015 14:12
Top social icons, these are repeated at foot of
article
A senior garda was appointed to lead an
internal inquiry into a high-ranking colleague,
despite Garda Commissioner Nirn O'Sullivan
being warned a year earlier over alleged links
between the two senior officers, RT's This
Week has learned.
The accused garda is the subject of two
serious complaints, made separately by two
young garda whistleblowers.
It is understood one of the garda
whistleblowers withdrew from the complaints
process, claiming the investigator and the
accused had a close relationship.
His lawyers wrote to the Garda Commissioner
and Justice Minister Frances Fitzgerald at the
time, in mid-2014, expressing his concern.
However, RT's This Week has established that
the senior garda who was in charge of that
investigation has now been appointed to lead
an internal disciplinary inquiry into the high-
ranking garda who was the accused in that
first case. The internal inquiry arises from
serious allegations made by the second
whistleblower.
Independent TD Clare Daly has said the
revelation that the investigating garda was
appointed to head up the disciplinary process
despite the earlier concerns, indicated the
system by which garda complain about
governance or alleged criminality within the
force cannot be trusted, and was unsafe.
Speaking to RT's This Week, she said the
implications of the claims made by the two
whistleblowers were of major significance.
Ms Daly said it was beyond comprehension
that the Garda Commissioner would re-appoint
a senior garda to investigate another high-
ranking officer despite concerns being raised
over the case.

The first complaint against the accused senior


garda was made by Garda A in May 2014, after
which the complainant went to the official
interim confidential recipient Judge Patrick
McMahon.
Subsequently, Ms O'Sullivan appointed a
senior garda to examine Garda A's complaint
that he was singled out for unfair treatment
after arresting another garda for a road traffic
offence.
It is understood Garda A, along with a junior
solicitor employed by his regular lawyer,
attended a confidential meeting with the
investigating garda in June 2014.
However, Garda A later discovered that shortly
after this confidential meeting took place, the
junior solicitor's LinkedIn profile was checked
by the high-ranking garda whom he had
accused of wrongdoing.
Garda A's solicitor wrote to the Garda
Commissioner and Minister for Justice in mid-
2014, expressing concern over the alleged
close relationship between the pair.
The letter alleged a conflict of interest in the
case which had not been disclosed.
While Garda Headquarters did not directly
address the concerns raised in that
correspondence, they did write back to advise
that new procedures were due to be
introduced at that time, under the Protected
Disclosures Act 2014, and that Garda A could
choose to engage with that process
alternatively. Under the new law, confidential
disclosures could be made directly to the
Garda Ombudsman Commission (GSOC).
However, despite those concerns being raised
by Garda A's solicitor, it has now emerged that
Ms O'Sullivan has re-appointed the same
investigating Garda to handle another
complaint made by the second Garda
whistleblower, Garda B, which was also
against the same accused.
RT's This Week has separately established
that the investigating garda and the accused
garda worked at the same time on reports for
an official Garda publication, a copy of which
can still be found on the garda website bearing
both of their names on the front cover.
Both whistleblowers claim their careers have
effectively been destroyed as a result of
bringing their concerns to certain senior staff.
Both men decided to go to the interim
confidential recipient in 2014, following the
efforts of Garda whistleblower Sergeant
Maurice McCabe and former Garda John Wilson
to publicise concerns relating to governance in
the force.
The two young garda said they were bullied
and harassed after one of them arrested by a
garda for drink driving, and after the other
uniformed garda raised concerns about drugs
crime investigations.

https://www.rte.ie/news/2015/0830/724497-garda-internal-inquiry/

Tusla chief offers


personal apology to
McCabe
Updated / Friday, 10 Feb 2017 18:20

Maurice McCabe intends to take a case against the State


This is the actual article body
Tusla Chief Executive Fred McBride has said he has
issued a written apology to Sergeant Maurice
McCabe after it emerged that a false allegation of
sexual abuse was made against the garda
whistleblower.
The false allegation has been blamed on a clerical
error.
The error was identified by a counsellor with the child
and family agency in 2014 and highlighted on RT's
Prime Time last night.
Speaking on RT's News At One, Mr McBride said
he has offered a meeting with Sgt McCabe to
personally apologise.
"I have issued an apology today and in that apology I
have offered a meeting with the McCabes personally.
"I'll apologise personally, I'll try to explain what
happened and I'll try to explain what we are going to
do about that".
He said mistakes were made on Tusla's part and a
full review of the circumstances will be undertaken
adding that he would welcome Tusla's inclusion in the
forthcoming Commission of Investigation.
Mr McBride also said he absolutely rejects the
inference that Tusla is involved in some kind of
collusion with the Garda surrounding the
circumstances [in its dealings with Sgt McCabe].
"I would never knowingly allow that to happen, so I
absolutely refute that."
He said Tusla passed on the information to the
Department of Children within days, towards the end
of January, of finding out that an error had been
made.
Garda Commissioner Nirn O'Sullivan said An
Garda Sochna is co-operating fully with
the Commission of Investigation into claims of a
campaign by senior garda to discredit a
whistleblower in the force.
Speaking after a function in Waterford this afternoon,
the Commissioner said that she understands that
Tusla is to issue an apology to Sgt McCabe.
She said it was terrible thing to happen to anybody
and "our thoughts are with Sgt McCabe and his
family".

Sgt McCabe's solicitor said his client intends to take a


case against the State for "all the damage" done to
him.
Sen Costello also said Sgt McCabe and his wife
Lorraine are devastated by events over the past few
days.
Speaking to RT News this evening, Mr Costello said
Sgt McCabe wanted to know all of the answers to the
questions he has and if there were consequences for
what had happened.

Mr Costello earlier said the impact on the McCabe


family is horrendous.
"To think a Government agency charged with the
protection of children, and a State-run body, would
deal with a complaint in the manner outlined."
Mr Costello said some questions have been
answered about the incident, "but there are a lot of
questions, and in my view some degree of gaps in
what we are looking at."
He said an apology from Tusla to his client will not be
enough.
They need more information from Tusla and the
Health Service Executive and it needs to be
known how mistakes like this can occur, he said.
"It is extraordinary that an agency like Tusla should
make a mistake of that nature. The question will only
be answered if this should be the subject of the
inquiry."
Mr Costello said: "We were told the Tusla review
would take place and it concluded in September of
2016. What we were told is the matter would proceed
no further. But at that stage we weren't given any of
the details we now know."
He said he has not seen the intended expanded
terms of reference in the Charleton Commission.
"In respect of the Tusla matter and how that may or
may not tie in, I don't know."
In relation to the files opened on the McCabes'
children, Mr Costello said it is also devastating.
Mr Costello said Sgt McCabe has gone through a lot
through many years.
"It seems every number of months something occurs.
They want to know when this will end and when they
can start to live a proper life and not wonder whether
tomorrow they are going to read something else
about Maurice."
In relation to what action Sgt McCabe will now take,
Mr Costello said that is a matter for his client but they
are "considering all options".
Questions have also arisen over how much the
Cabinet knew about the false allegation against Sgt
McCabe after it emerged that he met the Minister for
Children ahead of the publication of the terms of
reference for the Charleton Commission of
Investigation.

Tnaiste says
Zappone informed
her of McCabe
contact, but not
Tusla details
Updated / Friday, 10 Feb 2017
The Tnaiste issued a statement on the issue this evening
This is the actual article body
Tnaiste and Minister for Justice Frances Fitzgerald
has said that the Minister for Children informed her in
January that she intended to meet Sgt Maurice
McCabe, but did not inform her about any details in
relation to confidential Tusla records.
A spokesperson for Minister Katherine Zappone
today stated that she had informed relevant
Government colleagues of the circumstances of the
case involving garda whistleblower Sgt McCabe and
Tusla since she first heard about it last month.
Questions have arisen over how much the Cabinet
knew about a false allegation of sexual abuse against
Sgt McCabe after it emerged that he met Ms
Zappone ahead of the publication of the terms of
reference for the Charleton Commission of
Investigation.
The Commission of Investigation under Mr Justice
Peter Charleton will investigate claims made by the
former head of the Garda Press Office
Superintendent Dave Taylor that he was told to brief
the media that claims made by Sergeant Maurice
McCabe were motivated by malice and revenge and
had no substance.
It will now also investigate any links between
Commissioner Nirn O'Sullivan and former
commissioner Martin Callinan about an alleged
smear campaign against Sgt McCabe.
A spokesperson for Ms Zappone said she will not be
commenting further on who she informed. The
spokesperson also said Minister Zappone was
always of the view that Tusla would form part of the
investigation by the Commission of Investigation.

The spokesperson added that Ms Zappone became


aware of the circumstances when Sgt McCabe's wife,
Lorraine, contacted the office of the Minister for
Health on 18 January 2017.
This evening in a statement, Ms Fitzgerald said that
Ms Zappone "informed me in January that she
intended to meet with Sgt McCabe. She of course did
not inform me about any details in relation to
confidential Tusla records."
Ms Fitzgerald said she is proceeding to finalise the
terms of reference of the Commission of
Investigation.
Sgt McCabe's solicitor has said he would have
thought the Minister Zappone's meeting with his client
last month would have been part of the Cabinet
discussion on the establishment of the commission.
Sen Costello said he had every confidence in Mr
Justice Charleton and had no doubt he would
exercise every power given to him.
Asked how Sgt McCabe was coping, Mr Costello
said: "Maurice is at home and trying to deal with it
and he's not good".

McDonald accuses Tnaiste of misleading Dil


Sinn Fin deputy leader Mary Lou McDonald has
accused the Tnaiste of misleading the Dil.
She called on Frances Fitzgerlad to make a clear and
comprehensive statement or tender her resignation.
Ms McDonald said it is "disgraceful" that the
Government is "playing games" with an issue of such
seriousness.
She also said Minister Zappone needs to name which
colleagues she was referring to in her statement this
afternoon.
She said: "Katherine Zappone's statement flatly
contradicts the Government position.
"She has said very clearly that she did in fact brief
relevant Cabinet colleagues in regards to Maurice
McCabe and Tusla.
"There is no Cabinet colleague more relevant than
the Minister for Justice and yet yesterday in the Dil
in response to a question that I put to her, the
Tnaiste was not forthcoming with the information
that was in her possession."
Follow

Conor McMorrow

Sinn Fein's has accused Tnaiste of mis-leading Dil


Asks her to make a full statement or else tender
resignation
5:40 PM - 10 Feb 2017
P 18 18 Retweets16 16 likes
Harris says he had no knowledge of McCabe
contact
Minister for Health Simon Harris said that he had no
knowledge that Mrs McCabe had contacted the
department and no meeting was requested.
Earlier, he said he did not know who was briefed by
Minister Zappone.
Speaking on RT's News At One, Mr Harris called on
Tusla to answer questions "very quickly",
saying answers needed to be found and Tusla could
and should put more information into the public
domain.
The crucial answer that everyone wants to know, he
said, is if there was a smear campaign against Sgt
McCabe.
Mr Harris said he is confident the terms of reference
of the Commission of Investigation under Judge Peter
Charleton are broad enough to find out all the facts,
and he said he believes Minister Zappone will make
sure all issues are looked at.
Tnaiste and Minister for Justice Frances Fitzgerald
yesterday agreed to broaden the terms of reference
of the inquiry into claims of a campaign by senior
garda to discredit Sergeant McCabe.
The Charleton Commission will now investigate any
links between Commissioner Nirn O'Sullivan and
former commissioner Martin Callinan and an alleged
smear campaign against Sgt McCabe.
Sgt McCabe's solicitor Sen Costello, speaking on
RT's Today with Sen O'Rourke, said his client met
Ms Zappone about two weeks ago.
"I think after the meeting he was happy that he had
been met by the minister. It was a case of the
minister receiving information that was being given by
Maurice and Lorraine McCabe in relation to matters
which transpired once they had received the Tusla
file."
The file was received by the solicitor on 10 January.

Clerical error of 'monumental proportions' -


Howlin
Labour Party leader Brendan Howlin has called on
Ms Zappone to clarify exactly what she knew about
the false allegations made against Sgt McCabe.
Speaking in Galway this morning, Mr Howlin said it
beggared belief that there could have been a
discussion at Cabinet about the issue, without the
information known to Ms Zappone surfacing. He said
if this had happened, the minister had to explain why
this was the case.
Mr Howlin said if the minister had briefed the Cabinet
about what she and her department knew about the
involvement of Tusla, then the Minister for Justice
needed to explain why this information was not given
to the Dil during yesterday's discussions on the
latest Commission of Investigation.
He said it was vital that there was complete clarity on
the issues and that they were fully encompassed by
the investigation.
The Labour leader said if this was a clerical error it
was one of "monumental proportions" and if it was
something more sinister, then that needed to be
established and fully investigated.
Describing the revelations highlighted on RT's
Prime Time last night as "shocking", he said the
suffering endured by Sgt McCabe at the hands of
"agents of the State" was beyond belief.
Mr Howlin also reiterated his call for Commissioner
O'Sullivan to step back from her position while the
investigation was carried out. He said it was proper,
in the interests of the force, that this happened.
He said he was not aware of any of the allegations in
question during his time in government and that he
only became aware of the full detail of the allegations
relating to Sgt McCabe last night.
Fianna Fil leader Michel Martin said he finds it
difficult to understand why Minister Zappone did not
alert the Cabinet to the Tusla information on Sgt
McCabe.
Speaking on RT's News At One, he said he is at a
loss as to why she did not and he believes the
Taoiseach would have been alerted to it by Ms
Zappone.
Mr Martin said: "Maurice McCabe has gone through
hell and back" and said the accusation made against
him was "absolutely horrific and appalling".
The Fianna Fil leader also said there is a strong
responsibility on the commissioner "to bring clarity to
these issues".
State failed McCabe in most fundamental and
damaging way, says Calleary
Fianna Fil's Dara Calleary said Sgt McCabe was
failed by the State in the most fundamental and
damaging way.
Speaking on RT's Morning Ireland, Mr Calleary said
he was horrified by the revelations on Prime Time
and said he cannot imagine what the McCabe family
has been put through by Tusla.
"I think Tusla need to urgently answer their failings,
their appalling failings in this. How the situation arose
that this claim came back. How Maurice McCabe was
not informed. How files were opened on his children,
including two adult children, without him or his family
being informed. And why they haven't issued an
apology."
He said there are questions for garda too, and why
Sgt McCabe was not informed when notifications
were issued.
Mr Calleary said the Government also has questions
to answer.
"It was reported last night that the Secretary General
of the Department of Children was informed by Tusla
of all these issues.
"Yet the Tnaiste went into the Dil this week with
terms of reference for the Charleton inquiry and didn't
mention or refer to this case. It took the intervention
of my colleague Jim O'Callaghan to ensure the terms
of reference would be widened."
He said that ahead of this inquiry there is a need to
see Tusla come out and apologise to the McCabe
family and deal with the "complete collapse of this
process".
Mr Calleary said there is also a need to have an
assurance that there are no other cases like this.
"The notion that a very serious report can be made
on the basis of a cut and paste file is absolutely
incomprehensible, given the seriousness of the job
Tusla has to do on a daily basis.
"Where are the checks and balances and have they
reviewed their processes in light of what has come
out," he asked.
Call for terms of reference of Charleton
Commission to be rewritten
Sinn Fin deputy leader Mary Lou McDonald has
said she has little doubt that ministers knew of the
Tusla file on Sgt McCabe and his family in the light of
Ms Zappone meeting the garda whistleblower a
fortnight ago.
Ms McDonald said if Ms Zappone did not share the
information with her colleagues she had very serious
questions to answer.
She insisted the terms of reference of the Charleton
Commission now had to be rewritten to take account
of the Tusla revelations, and accused Minister
Fitzgerald of misleading the Dil for not referring to
them yesterday.
Earlier, she reiterated her call for
Commissioner O'Sullivan to step aside, saying she is
now strengthened in her view that
the commissioner must step aside to let the
commission do its work.
The Social Democrats have called for an immediate
response from Minister Zappone to the revelations
regarding the role of Tusla in the affair.
Social Democrat co-leader Risn Shortall said: "The
extraordinary sequence of events regarding these
vile allegations made against Sergeant McCabe
require a full and early explanation from Minister
Zappone, who has political responsibility for the
operation of Tusla.
"At a minimum, these events amount to serious
maladministration and incompetence."
Administrative error'
led to false McCabe
sex abuse allegation
Updated / Friday, 10 Feb 2017

Tusla has acknowledging that an error had occurred


This is the actual article body
It has emerged that Tusla, the child and family
agency, sent a file containing false allegations of
sexual abuse against Garda whistleblower Sergeant
Maurice McCabe to garda in 2013.
Sgt McCabe was not informed that the Tusla file
contained this allegation, RT's Prime Time reports.
In April 2014, social workers in Tusla opened files in
the names of each of Sgt McCabes children. All four
files included the allegations of sexual abuse.
On 14 May 2014, a counsellor contacted Tusla to say
she had made "an administrative error" in her report
to them.
The counsellor claimed that a line relating to the false
abuse allegation had "been pasted in error".
Sgt McCabe learned of the accusations on 29
December 2015 when a child protection social worker
wrote to inform him that he was being investigated for
sexual abuse.
On 20 June 2016, the same social worker again
wrote to Sgt McCabe saying a mistake had been
made and no allegation of sexual abuse had been
made.
Tusla has since written to the Department of
Children, acknowledging that an error occurred and
that an internal case review had been ordered.
The agency also indicated that it would apologise to
Mr McCabe.

Meanwhile, Sinn Fin has called on Garda


Commissioner Nirn O'Sullivan to step aside while a
Commission of Investigation chaired by Supreme
Court judge Mr Justice Peter Charleton takes place.
Yesterday, Tnaiste and Minister for Justice Frances
Fitzgerald agreed to broaden its terms of reference
looking into claims of a campaign by senior garda to
discredit garda whistleblowers.
Sinn Fin's deputy leader Mary Lou
McDonald described the Prime Time revelations as
"unprecedented ... and vile" and has questioned how
the Tnaiste could not have known about contact
between An Garda Sochna and Tusla, which she
stated in response to a Dil question from Ms
McDonald yesterday.

Second garda
whistleblower says
senior officer behind
another Tusla
referral
Updated / Friday, 10 Feb 2017 18:25
Garda told Justice Minister of Tusla notification
This is not the first Tusla notification in relation to a
whistleblower that has come across a minister's desk
in recent month, writes Katie Hannon.
I've seen correspondence that shows that Minister for
Justice Frances Fitzgerald has in fact been in
correspondence with a garda member in relation to a
child protection Tusla notification, which was made
about him by one of his garda superiors.
In this case, within the same week, the Health
Service Executive said there was no evidence of
abuse.
This whistleblower told the minister that this Tusla
referral was part of a campaign of harassment
against him by a senior garda.
That complaint has been put into GSOC and that has
been put into a protected disclosure that has been
made by this whistleblower.
Just to be clear, this was an entirely different kind of
complaint to the one made to Tusla about Maurice
McCabe in 2013, which the agency says arose from
a clerical error and again to be clear that is not what
we're talking about here.
The McCabe report had a cut and paste mistake
which was not acted on and this other report which
very quickly finds that no evidence had been
provided by the notifying garda.
Tusla has of course an obligation to assess
complaints but serious damage can be suffered by
garda when referrals are filed in error or without
foundation.

Maurice McCabe intends to take a case against the State


Tusla Chief Executive Fred McBride has said he has
issued a written apology to Sergeant Maurice
McCabe after it emerged that a false allegation of
sexual abuse was made against the garda
whistleblower.
The false allegation has been blamed on a clerical
error.
The error was identified by a counsellor with the child
and family agency in 2014 and highlighted on RT's
Prime Time last night.
Speaking on RT's News At One, Mr McBride said
he has offered a meeting with Sgt McCabe to
personally apologise.
"I have issued an apology today and in that apology I
have offered a meeting with the McCabes personally.
"I'll apologise personally, I'll try to explain what
happened and I'll try to explain what we are going to
do about that".
He said mistakes were made on Tusla's part and a
full review of the circumstances will be undertaken
adding that he would welcome Tusla's inclusion in the
forthcoming Commission of Investigation.
Mr McBride also said he absolutely rejects the
inference that Tusla is involved in some kind of
collusion with the Garda surrounding the
circumstances [in its dealings with Sgt McCabe].
"I would never knowingly allow that to happen, so I
absolutely refute that."
He said Tusla passed on the information to the
Department of Children within days, towards the end
of January, of finding out that an error had been
made.
Garda Commissioner Nirn O'Sullivan said An
Garda Sochna is co-operating fully with
the Commission of Investigation into claims of a
campaign by senior garda to discredit a
whistleblower in the force.
Speaking after a function in Waterford this afternoon,
the Commissioner said that she understands that
Tusla is to issue an apology to Sgt McCabe.
She said it was terrible thing to happen to anybody
and "our thoughts are with Sgt McCabe and his
family".

Sgt McCabe's solicitor said his client intends to take a


case against the State for "all the damage" done to
him.
Sen Costello also said Sgt McCabe and his wife
Lorraine are devastated by events over the past few
days.
Speaking to RT News this evening, Mr Costello said
Sgt McCabe wanted to know all of the answers to the
questions he has and if there were consequences for
what had happened.
Whistleblower
inquiry terms to be
widened - Tnaiste
Updated / Thursday, 9 Feb 2017 23:18

Frances Fitzgerald has agreed to broaden terms of reference


This is the actual article body
The Minister for Justice has agreed to broaden the
terms of reference of the inquiry into claims of a
campaign by senior garda to discredit a
whistleblower in the force.
The Commission of Investigation under Judge Peter
Charleton will now investigate any links between
Commissioner Nirn O'Sullivan and former
commissioner Martin Callinan and an alleged smear
campaign against whistleblower Sergeant Maurice
McCabe.
There were renewed calls in Dil from some
opposition TDs and also from one Government
backbencher for the Garda Commissioner to step
down.
Labour leader Brendan Howlin said he had spoken to
Sgt McCabe this morning and he had expressed
gratitude for him raising the matter in the Dil
yesterday.
Sinn Fin, Labour, the Social Democrats,
Independents4Change TDs Clare Daly and Mick
Wallace and Government backbencher Michael
D'Arcy have all called for the commissioner to stand
aside as the Commission of Investigation carries out
its work.
Many pointed out that the former garda press officer
Supt Dave Taylor had been suspended for almost two
years pending the outcome an investigation.
However, the Tnaiste reiterated that allegations are
not wrong doings and the commissioner was entitled
to full confidence.
She also pointed out that Mr Justice Iarfhlaith O'Neill
had not recommended that the commissioner step
aside.
Taoiseach Enda Kenny has said he has full
confidence in Ms O'Sullivan.
Speaking in the Polish capital Warsaw, Mr Kenny said
there is no prima facie evidence or no indication of
any wrongdoing of any kind by the Garda
Commissioner, and for that reason she is fully entitled
to the support of Government while the
commission investigates allegations against her.

Mr Kenny said it is a "very serious Constitutional


matter", which is why a formal investigation arising
from protected disclosures is under way.
He said the protected disclosures are a very
particular form of allegations and they are being
examined. He stressed that they "are all allegations"
and none of them has been proven.
Mr Kenny said Commissioner O'Sullivan has the full
support of the Government and "that's why we are
having the investigation".
The Taoiseach said the fact that witnesses will be
compelled to give evidence will determine the "truth
or otherwise" of the allegations being made, which he
said Justice O'Neill was unable to confirm in his
analysis of the protected disclosures.
Sinn Fin's Mary Lou McDonald told the Dil earlier
that senior garda stood accused of what she called a
"vile and evil" attempt to denigrate the character of
Sgt McCabe and added her voice to calls that
Commissioner O'Sullivan should stand aside during
the inquiry.
Fianna Fil justice spokesperson Jim O'Callaghan
called for the terms of reference to be expanded to
allow the judge investigate whether Government
figures had been contacted as part of what was being
alleged and criticised Mr Howlin for his intervention
yesterday.
Ms Daly said she disagrees with the way in which Mr
Howlin used Dil privilege yesterday.
Speaking on RT's News at One, she said that any
time she has used Dil privilege, she has used
verified information, but Mr Howlin did not.
To the best of her knowledge, she said she did not
believe there had been any contact between Mr
Howlin and Sgt McCabe before the comments were
made.
Ms Daly said there is sufficient evidence that would
lead people to believe the Garda Commissioner
should step aside, without Mr Howlin making
allegations.
Tnaiste accepts amendments to terms of
reference
Closing the debate on the terms of the new
Commission of Investigation, Ms Fitzgerald also said
she would accept amendments to the terms of
reference suggested by Opposition TDs.
Two amendments were made by Fianna Fil and
accepted by the Government.
The first will address the issue of whether Mr Callinan
and Ms O'Sullivan had knowledge of the allegation of
criminal misconduct being made against Sgt McCabe
and whether they had used this to discredit him.
Secondly, the Government is to include an
amendment to look at contacts between garda and
members of the Government regarding allegations of
a smear campaign against Sgt McCabe.
Ms Fitzgerald said she accepted the point made by
Mr O'Callaghan that the commission needs to be
able to pursue fully the issue of the criminal complaint
being used improperly.
She said she also accepted the commission should
be able to investigate contacts between garda with
Government on the matter.
She also said she would have to bring the
amendments to the terms to Cabinet but she said she
did not want to extend the terms to the point where it
would take a longer time. However, there is an option
to extend the terms once the Commission is up and
running, she said.
In relation to the other protected disclosures, these
were under investigation by the Garda Sochna
Ombudsman Commission and she did not want to
interfere with that process.
Responding to a question from Fianna Fil's John
McGuinness as to whether the terms of reference
include Tusla - the child and family agency, the
Tnaiste said she saw no reason why they could not
be included if it was relevant.
In a statement this evening, Tusla said it does not
comment on individual cases to protect the "privacy
and well being of the children and families with whom
we work.
"When a child protection concern is received by Tusla
it is screened and assessed in line with 'Children
First: National Guidance for the Protection and
Welfare of Children'."
WHISTLEBLOWING IN EUROPE LEGAL PROTECTIONS FOR
WHISTLEBLOWERS IN THE EU
https://www.transparency.de/fileadmin/pdfs/Themen/Hinweisgebersy
steme/EU_Whistleblower_Report_final_web.pdf

THE CORRUPTION OF AN GARDA SOCHNA


15th Feb 2015

Its clear to anyone of sound mind that the Irish police force has become
corrupt and unaccountable. What may have started as a fairly trivial
investigation into the systemic erosion of penalty points has underpinned
what many have believed for some time now, the Garda are above the
laws they purport to uphold. Here is a brief summary of the important, inter-
linked issues to date.
Penalty Points The Garda have been wiping peoples penalty points from
their licenses as personal favours on an enormous scale. At first glance, a
typically Irish brand of parochial corruption but the story goes much
deeper.
War on Whistleblowers The mechanisms by which Garda can report
wrongdoing within the force have proven to be a sham. Garda can
supposedly approach the office of the Confidential Recipient, a subset of
the Department of Justice, anonymously and blow the whistle on internal
corruption. However the case is then referred to the Garda Commissioner
to investigate so it can be a case of senior Garda investing senior Garda.
The internal report into the penalty points found no evidence of corruption
surprisingly enough, a report which didnt even interview the very
whistleblowers who raised the issue in the first place. The Garda have a
long record of harassing and frustrating the work of whistleblowers in the
past including the two officers who revealed the penalty points scandal.
Garda Commissioner Martin Callinan described the actions of the
whistleblowers as disgusting.
The Media Irish Independent journalist Gemma ODoherty who was
investigating the penalty points corruption, was internally disciplined for
calling to Garda Commisioner Martin Callinans house for comment, a fairly
typical journalistic tactic. A few weeks later, she was offered a voluntary
redundancy despite having been one of the papers top investigative
reporters for over a decade. It subsequently emerged, though absolutely
nowhere in the Irish media, that the Irish Independents editor in chief
Stephen Rae, a former editor of the Garda Review magazine, had his
penalty points wiped clean.
Cold Case Father Niall Molloy was murdered in 1985 in an inheritance
quarrel seemingly lifted from John B. Keanes The Field. Evidence was
contaminated, key witnesses were not interviewed and the Judge was a
family friend of the accused. Where the Garda come in is intriguing. Martin
Cahill, The General and one of Irelands most infamous crimes bosses,
stole files from the Director of Public Prosecutions office, files that
contained details of the case previously unknown to the public. Journalist
Veronica Guerin then revealed some of Cahills information which exposed
the pathetic Gardai investigation into the murder and the willingness of the
DPP to cover it up.
So concerned were the Gardai with retrieving Cahills stolen files that,
according to crime reporter Paul Williams, they cut a deal with him to drop
charges against his associate John Traynor, one of the most notorious
gangsters in Ireland. The Molloy case was reopened but despite the
overwhelming amounts of evidence for a cover-up and at least mass
negligence, nothing ever came of it. The journalist who took up the case
and forced the State to reopen it? Gemma ODoherty of the Irish
Independent.
GSOC and Minister Alan Shatter One of the whistleblowing Gardai
involved in the penalty points case was told by the office of the Confidential
Recipient that Minister Alan Shatter will go after you if he were to proceed
with his complaints. In addition, GSOC, the Garda Ombudsman,
discovered that its office had been bugged last year but did not approach
Minister Shatter over the issue, clearly in fear or knowledge that he would
not do anything about it. The Garda have denied bugging the office but the
question of who else would bug the office of a body charged with
supervising the states police force springs to mind.
Rather than address this essential question of who bugged GSOC,
Minister Shatter has sought to downplay the event and even focus his
criticism on the comparably insignificant matter of GSOC failing to inform
him of this security breach at an earlier date.

AN ROINN DL AGUS CIRT AGUS COMHIONANNAIS


DEPARTMENT OF JUSTICE AND EQUALITY
Minister Fitzgerald publishes Garda
Inspectorate report on Crime
Investigation
Minister says Inspectorate report raises
serious concerns and represents a highly
challenging analysis of Garda processes and
systems
Minister welcomes comprehensive
recommendations on need for upgraded
technology, effective systems and changes to
management practice
Report will contribute to Ministers ongoing
reforms aimed at delivering sea-change in
policing
New Policing Authority to play key roles in
implementation of Garda reforms
Government commits to upgrading Garda
technology to bring outdated paper based
practices into the 21st century CSO to carry-
out analysis of recording, classification and
reclassification of crime on Garda Pulse
system; and to chair new Expert Panel to
draw up new National Standards for Crime
Counting Minister welcomes Garda plans to
establish new Data Quality Team and to
establish Victim Liaison Office in every Garda
division Minister commits to new legislation
to allow implementation of EU Victims
Directive and ratification of Istanbul
Convention on domestic violence

Tuesday 11 November 2014


Frances Fitzgerald TD, Minister for Justice &
Equality, has today published the report of the
Garda Inspectorate on Crime Investigation. The
Minister thanked the Garda Inspectorate for their
work on this comprehensive report.
The Minister said: The Inspectorate report
raises serious concerns and represents a
highly challenging analysis of Garda
processes and systems, highlights serious
systemic weaknesses; and will inform my
ongoing reform of policing in Ireland.
In its report, the Inspectorate has found a police
service in need of modernisation of its crime
investigation operational and support
infrastructure. The report identifies the absence of
up-to-date dispatch technology as well as
deficiencies in practices, supervision and
governance relating to the recording, classification
and investigation of crime. The report examines
the current system for counting and categorising
recorded crime and the level of recorded
detections for those crimes; and highlights
concerns in this area.
The Minister added that while rightly
unsparing in its criticisms in relation to
identified inadequacies, it also recognises
that the systemic challenges and deficiencies
identified during the inspection are not
unique to An Garda Sochna but are
common right throughout the world in
policing services.
The Minister stated: This report, undertaken
as part of the Inspectorates work agreed by
the Government, is a vital piece of work
which is long overdue. I welcome the
comprehensive recommendations on the
need for upgraded technology, effective
systems and changes to management
practice. The Inspectorates analysis
provides an important foundation stone for
future development of a 21st century
policing service for Ireland.
The Report states that The Inspectorate was
impressed by the hundreds of hard working and
dedicated rank and file officers, reserves and
support staff (they) met in every region, that were
doing their best to get the job done, not
withstanding inefficient processes, dated
technology and poor management practices...
Commenting on this, the Minister stated the
report rightly acknowledges, as I do, the
dedication and commitments of the men and
women of An Garda Sochna who strive
everyday to ensure the safety of our
communities and the security of our state.
Day-in-day-out, members of An Garda
Sochna have many considerable successes
in preventing and detecting crime,
identifying and arresting offenders and
keeping our communities safe.
There is a pressing need to ensure that An
Garda Sochna has access to effective,
modern systems and processes; particularly
where systems and processes have not kept
pace with developments in broader society
and other police services globally.
The Inspectorate Report represents the culmination
of more than two years of intensive work and is the
largest and most comprehensive inspection done
to date by the Inspectorate. Every facet of how An
Garda Sochna responds to and investigates crime
is addressed, with more than 200
recommendations set out for implementation over
the short, medium and long term.
The Minister noted that the Government was
already implementing a comprehensive justice
reform programme, which includes:
establishment of an independent Police
Authority;
strengthening of the powers of the Garda
Sochna Ombudsman Commission; and
an open competition for the recruitment of the
Garda Commissioner.
Implementation of this programme is being
overseen by the Cabinet Committee on Justice
Reform chaired by An Taoiseach. Minister Fitzgerald
today confirmed that the Cabinet Committee on
Justice Reform will also take on a role in overseeing
delivery of Garda reforms recommended by the
Inspectorate.
The Minister added: The reforms already
underway, coupled with the reforms which
will follow as a result of the Inspectorates
analysis, will show that this Government and
I are committed to delivering fully on the
sea-change in policing which I promised
when I took office in May of this year.
Whatever the difficulties that have given
rise to it, we now have a once in a generation
chance to modernise fundamentally An Garda
Sochna to ensure we have a policing
service equipped and ready to meet all the
challenges of 21st century policing; and
which puts victims first.

New Policing Authority to play key roles in


implementation of Garda reforms
Last Friday, Minister Fitzgerald published details of
the legislation which will see the establishment of a
new Policing Authority. The Minister has today said
that the planned new Policing Authority will
play a key role in implementation of reforms
recommended by the Inspectorate.
The Minister hopes to name the first Chairman-
designate of the Policing Authority shortly.
The Minister stated: Ahead of the formal
establishment of the Policing Authority, I
intend holding discussion with the Chairman-
designate on establishment of an effective
implementation framework to oversee
delivery of reforms in An Garda Sochna
along the lines recommended by the
Inspectorate.
Minister Fitzgerald has also welcomed the decision
of An Garda Sochna to establish both:
An Implementation Steering Group to
immediately focus on the implementation of the
short, medium and long-term recommendations in
the Report;
Risk compliance and continuous improvement
teams which will be introduced in each region to
support a revised focus on professional standards
and to tackle any weaknesses identified in the
Inspectorate's report
The Minister added that the incoming Garda
Commissioner, who is due to be appointed
shortly following an open competition, will
be charged with driving implementation of
many of the reforms arising from the
Inspectorates analysis.

Government commits to upgrading Garda


technology
The Inspectorate clearly attaches significant weight
to its recommendation that An Garda Sochna
should immediately move to acquire the necessary
modern technology to underpin efficient and
effective operational deployment and support
decisions.
Minister Fitzgerald stated: It is vital that Gardai
going about their day-to-day policing duties
have access to modern systems which will
ensure reliable recording of crime
The Government and I accept this fully and I
am working with my colleague Minister
Howlin to secure the necessary and early
investment in upgrading Garda technology to
bring outdated paper based practices into
the 21st century.
The Minister indicated she would be making further
announcements shortly on the issue of investing in
Garda technology, including in the context of the
expected review of An Garda Sochna under the
Haddington Road Agreement.

Minister welcomes Garda plans to establish


new Data Quality Team
The Inspectorates analysis raises issues
concerning the recording of crime and includes
detailed recommendation designed to improve the
consistency and accuracy of data within the Garda
PULSE system. As the report recognises, these
issues have been reported in other police services
and the Inspectorate's recommendations draw
from measures introduced in those jurisdictions.
Minister Fitzgerald today welcomed plans by Garda
management to establish a new Data Quality Team
in the Garda Information Services Centre (GISC)
based in Castlebar, as well as measures to
strengthen PULSE governance arrangements. The
setting up of a Data Quality Team will provide
independent oversight of the classification,
reclassification of crime and crime detections. The
Team will work with local Garda management to
ensure a consistent approach to crime recording
and to ensure that crime is correctly classified first
time around.
The Minister stated: I welcome the immediate
measures being taken by An Garda Sochna
including establishment of a new Data
Quality Team. These reforms will address
many of the Inspectorates recommendations
and will further strengthen the accuracy and
integrity of crime recording and classification
by Gardai.

CSO to carry-out analysis of recording,


classification and reclassification of crime on
Garda Pulse system
Minister Fitzgerald has held discussions with the
Director General of the Central Statistics Office in
relation to ensuring the integrity of published crime
statistics.
The Minister stated: Following my meeting,
the CSO have now informed me that they are
to carry-out a detailed analysis of certain
issues raised by the Inspectorate in relation
to the recording, classification and
reclassification of crime on Garda Pulse
system, to see whether and to what extent
they may have implications for the crime
statistics which that Office produces.
The Minister added: This exercise will be of
significant importance in helping to ensure
and enhance the integrity of published crime
statistics.
The Minister further welcomes the fact that the
CSO will now examine the means of carrying out a
national Crime and Victimisation Survey in the near
future, which will provide further insight into the
extent and nature of crime in Ireland, independent
of reported crime statistics.

Expert Panel to draw-up new National


Standards for Crime Counting
The Minister also today confirmed that the CSO will
chair an expert panel to examine the
Inspectorate's recommendations on crime
statistics.
The Minister stated: The expert panel will
review the crime counting and detection
rules, as recommended by the Inspectorate,
with a view to introducing new national
standards. As well as including
representatives of my Department and An
Garda Sochna, the panel will have outside
experts with relevant expertise.

Minister welcome plans for Garda Victim


Liaison Office to be established in every
Garda division
The Inspectorates analysis rightly focuses on the
needs of victims and identifies many areas where
the police response needs to be improved,
including when dealing with victims of domestic
and sexual violence.
Minister Fitzgerald stated: The support for
victims in our own criminal justice system
has improved in recent times but it has had a
long way to come, and there is certainly
much more to be done.
The Minister said that she will also be taking steps
to improve the capacity of victim support
organisation funded by her Department to provide
advice and assistance to victims at all stage of the
criminal process.
I know from the personal feedback I have
received from victims that these services are
highly valued in times of trauma and
uncertainty, and that the additional funding
will certainly be put to very good use.
The Minister welcomed the initiative currently been
undertaken by An Garda Sochna which will see
Victim Liaison Offices established in each Garda
division during 2015. The Victims Services Offices
will be the central point of contact for all victims of
crime and trauma in each Garda Division. They will
provide advice, information and support to victims.
The Offices will supplement victim support activity
already being undertaken by members of An Garda
Sochna. The Offices will be staffed by dedicated,
specially trained personnel who will keep victims
informed of all significant developments associated
with their case, as well as provide guidance and
support as appropriate. They will provide victims of
crime with a direct contact to ensure they get the
service they deserve.
The Minister stated: This is a very welcome
development which has my full support. I
also welcome the strong emphasis the Garda
authorities are placing on crime prevention
and victim support and on embedding this
culture within the Force.
Minister Fitzgerald also welcomed the decision by
An Garda Siochana, following a successful pilot, to
roll out a system of risk assessing all domestic
violence incidents.

New legislation to allow implementation of


EU Victims Directive and ratification of
Istanbul Convention on domestic violence
The Inspectorate report makes a number of specific
recommendations in relation to victims of domestic
and sexual violence.
Minister Fitzgerald has committed to
comprehensively strengthening Ireland's approach
to preventing and responding to all forms of sexual
and domestic violence.
The Minister stated: At the heart of this
commitment is my intention to legislate for
victims rights and to ensure the
implementation in Ireland during 2015 of the
EU Victims Directive. I will also bring forward
a new Sexual Offences bill and I intend to
introduce consolidated and reformed
domestic violence legislation to address all
aspects of domestic violence, threatened
violence and intimidation. This legislative
agenda will reinforce my plans for Ireland to
sign and ratify the Council of Europe's
Convention on preventing and combating
violence against women and domestic
violence, also known as the Istanbul
Convention.
Garda organisational reform
Minister Fitzgerald today confirmed that An Garda
Sochna are responding positively to the
organisational reform issues identified in the
report, some of which are linked to a further review
the Inspectorate is carrying out as part of the
Haddington Road process.
The Minister stated: One key reform will be
arrangements to strengthen investigative
and management capacity at Divisional level.
However I believe it is vitally important that
Gardai maintain links with local communities
which are a hallmark of policing in Ireland.

Issues identified in the report by Sen Guerin


At the request of Minister Fitzgerald, the
Inspectorate report also considers those issues
identified in the report by Sen Guerin SC relating
to Garda practices and procedures which come
within the Inspectorate's remit. The report deals
with those issues in an addendum, and groups
them into themes which are covered in the main
body of the report. In respect of each theme, the
addendum indicates the issues identified in the
report by Mr Guerin, and relates them to the
relevant findings and recommendations of the
Inspectorate.

Conclusion
Minister Fitzgerald concluded: The Government
wanted this important report and we are
determined to act on it. We will work to
equip An Garda Sochna as a policing
service ready to meet all the challenges of
21st century policing; and which puts the
needs of victims first.
The Report is available on the Departments
website. Link is

REPORT OF THE GARDA SIOCHANA OMBUDSMAN


COMMISSION, PURSUANT TO SECTION 103, GARDA
SIOCHANA ACT 2005, FOLLOWING COMPLAINTS
AND AN INVESTIGATION ARISING FROM THE
DEATHS OF ERIC HOPKINS AND COLM GRIFFIN
https://www.gardaombudsman.ie/docs/publications/20111019LuskRe
portWebFinal.pdf
commission-of-investigation-certain-matters-relative-to-the-cavan-
monaghan-division-of-the-garda-siochana-final-report
https://static.rasset.ie/documents/news/commission-of-investigation-
certain-matters-relative-to-the-cavan-monaghan-division-of-the-
garda-siochana-final-report.pdf

News release: Garda Ombudsman's bias & spin in 'rape


tape' investigation revealed
/#content-header
News release - Issued by Dublin Shell to Sea - April 5th, 2012
-- People who made recording public were threatened with criminal
prosecution --

The Garda Sochna Ombudsman Commission (GSOC) engaged in spin and


misinformation that misled the public over the Corrib rape recording
incident of March 2011 and undermined the case against Garda.
A document published today one year after the story broke details
GSOCs attempts to serve the interests of An Garda Sochna by undermining
the women who made the recording public, while deflecting attention from
the behaviour of Garda.
One year after GSOC launched its investigation (April 5th, 2011), there is no
word yet of any disciplinary action being recommended against the Garda
involved. However, GSOC threatened several civilians affected by the
incident with criminal prosecution.
The document prepared by one of the women about whom the rape
comments were made; by seven academics at NUI Maynooth; and by Dublin
Shell to Sea is available as a PDF at the Shell to Sea website
The 22 page report on Garda Ombudsman spin is available here
The document details how:
During the course of its investigation GSOC threatened criminal
prosecution against Jerrie Ann Sullivan and several academics at NUI
Maynooth (Sullivan is one of the women who were talked about by Garda in
the recording) and Caoimhe Kerins of Dublin Shell to Sea.
GSOCs July 2011 interim report falsely implied that the recording of the
incident had been tampered with in some way before being given to
GSOC.
The interim report sought to add credibility to a rumour initially
circulated by Garda sources that the women shouted rape during their
arrest and that this somehow lessened the seriousness of the Garda rape
comments.
The interim report failed to include any testimony from Jerrie Ann Sullivan
or her lecturers, despite hours of questioning of these people, resulting in a
report that only presented the Garda side of the story.
GSOC sources briefed journalists anonymously in a way that undermined
the credibility of the people who brought the recording to public attention.
Jerrie Ann Sullivan said: I was shocked at how a supposedly independent
public body could feed journalists with information that undermined a
witness in its own investigation.
A statement issued by seven academics who run the MA course at NUI
Maynooth that was being taken by Sullivan states: The Garda Ombudsmans
attitude to the victims has been consistently hostile, recalling past
treatment of the victims of sexual violence... It is not clear what explains
the Ombudsmans behaviour in this respect.
Dublin Shell to Sea spokesperson Caoimhe Kerins said: We felt obliged to
make public our experience of dealing with GSOC, as the biased nature of
its operations should be a matter of grave public concern. The fallout from
the rape recording incident has exposed how the Garda and Garda
Ombudsman use spin to undermine people who dare to criticise Garda.
She continued: Many people living close to Shells inland refinery project in
north Mayo have stopped making complaints to GSOC, as they now regard it
as a waste of time.
The four-page document, which details GSOCs extraordinary and troubling
handling of its investigation, is accompanied by several appendices:
- a nine-page account and timeline by Jerrie Ann Sullivan detailing her
treatment by GSOC;
- a copy of an August 2011 letter from Jerrie Ann Sullivan to GSOC;
- a two-page statement by several NUI Maynooth academics about the
matter;
- a one-page technical note about the digital camera;
- a copy of the biased GSOC Interim Report of July 2011.
ENDS
FOR VERIFICATION OR FURTHER COMMENT:
Caoimhe Kerins
NOTES TO EDITORS
Download the document at:
www.shelltosea.com/gsoc_spin

Garda Ombudsman's bias & spin in 'rape tape' investigation


revealed GSOC_ Corrib 2012
http://www.shelltosea.com/sites/default/files/images/GSOC_Corrib20
12.pdf
GSOC_Cooke_Report Inquiry into Reports of Unlawful Surveillance of
Garda Sochna Ombudsman Commission
http://www.taoiseach.gov.ie/eng/Publications/Publications_2014/GSO
C_Cooke_Report_.pdf

Commission of
Investigation to
be established
following Guerin
Report
Updated / Friday, 2 Dec 2016
Minister for Justice Frances Fitzgerald has said
there will be a Commission of Investigation
following the publication of the Guerin Report.
The report looked into allegations that serious
crimes were not investigated properly by
garda.
It found there is cause for concern as to the
adequacy of the investigations into complaints
by Sergeant Maurice McCabe and also for the
personal and professional consequences for
the whistleblower.
Ms Fitzgerald said the Government is taking
steps to remedy what she said are systemic
failings uncovered in the report.
Ms Fitzgerald said the Guerin Report is clear
that operational policies and procedures within
An Garda Sochna were inadequate in the
cases examined.
She said this included performance and
professional standards, consistency of
approach, recording and management, and
supervision of individual cases.
Ms Fitzgerald said the report raises
fundamental questions about the treatment
and response to victims of crime, which must
be addressed as a matter of priority.
She welcomed the fact that acting Garda
Commissioner Noirn O'Sullivan had recognised
the need for a sea change in the force and she
would be backing her in any changes she felt
necessary.
The minister said the process of reform was
already under way.
Ms Fitzgerald said she views with the utmost
gravity the concerns raised by Mr Guerin about
procedures for dealing with complaints in the
Department of Justice and she intends to
ensure that the issues raised are dealt with
comprehensively and robustly.

Asked if there might be resignations in her


department, she said if root and branch
changes were needed they would happen.
McCabe 'vindicated' after report's
publication
Sgt McCabe has said he feels vindicated after
the publication of the report.
He said a huge weight has been taken off his
shoulders and that of his family.
Sgt McCabe said he wanted to go on record as
the report has been issued.
He said he had not yet read all of the report,
but he believes that what he has read concurs
with what he has being saying about how his
allegations were handled by garda and the
Department of Justice.
Sgt McCabe also thanked Fianna Fil leader
Michel Martin for handing his dossier to the
Taosieach.
He said he is looking forward to co-operating
with the Commission of Investigation and that
his allegations are investigated.
Sgt McCabe said he can move on from today,
but he also noted that he is still restricted in
his use of the garda PULSE system.
Commissioner O'Sullivan has said garda will
cooperate fully with the Commission of
Investigation.
She said: "The report by Mr Sean Guerin SC is
detailed and extensive.
"I am currently studying it closely in
conjunction with my senior management team
to identify immediate actions that can be
taken as part of our process of change that is
currently under way."
However, there was no reference in her
statement to Sgt McCabe's access to the
PULSE system.
Kenny says terms will be established in
weeks
Taoiseach Enda Kenny has said the terms of
reference for the Commission of Investigation
will be finalised in the coming weeks.
Speaking in Co Galway this afternoon, Mr
Kenny said nobody was immune from being
brought before the law on issues of
criminality.
He said the recommendations and conclusions
in the report would now be considered by the
Government.
Mr Kenny said the structure and way in which
a Commission of Investigation would operate
would be considered in the coming weeks.
He described the setting up of a commission
as a "deep and far reaching process".
The Taoiseach said it was essential that the
way in which justice was administered was
dealt with as part of any part of garda reform.
Call for comprehensive commission of
investigation
The Guerin inquiry was established to examine
the actions taken by garda, the Department of
Justice, the Minister for Justice and any other
public body on the allegations by Sgt McCabe
of garda misconduct.
The report also states that An Garda Sochna
does not seem to have been able to hold heed
to the voice of a man held in high regard by
his immediate superiors.
It said a comprehensive commission of
investigation needs to be established to
investigate a number of incidents.
Disciplinary proceedings are recommended
against a probationer garda.
The report found the effectiveness of the
PULSE system should be reviewed.
In his conclusions, Mr Guerin said that in An
Garda Sochna "a critical voice is in danger of
being heard as a contrary voice".
"The paradigm of the whistleblower is an
unattractive one ... is seen as someone who is
not on the team," he said.
He said the challenge of "accommodating and
learning from legitimate criticism is always
going to be a difficult one, especially in a
disciplined force".
The report said the complaints made by Sgt
McCabe "all have their origin in what he
perceived to be a failure" of An Garda
Sochna in the Bailieboro district "to apply
itself with discipline and determination to the
investigation and prosecution of crime".
The report said it is beyond its scope to make
any determination of the complaints made by
Sgt McCabe.
However, it said the documents examined
"give cause to share the concern expressed in
them".
It said there is cause for concern as to the
adequacy of the investigations that have taken
place into Sgt McCabe's complaints and
whether "all appropriate steps" have been
taken.
Mr Guerin said Sgt McCabe co-operated with
the review in an "unfailingly courteous and
obliging manner".
Mr Guerin said he interviewed the sergeant on
four separate occasions, totalling just under 19
hours.
He said Sgt McCabe made himself available
upon request and freely and openly discussed
the matters that were the subject of the
review.
He said Sgt McCabe's complaint about his
experience within the An Garda Sochna since
making his complaints calls for examination.
Mr Guerin said this is beyond the scope of his
terms of reference, but said extensive
documentation he has seen, which was given
to then minister for justice Alan Shatter by Sgt
McCabe's solicitors in September 2012,
expresses Sgt McCabe's concerns and needs
to be examined.
The report notes no malice on the part of Sgt
McCabe in the making of his various
complaints, as noted in the Byrne-McGinn
report.
Mr Guerin said the time he has spent with Sgt
McCabe leads him to "no different conclusion".
He said it would be better to get the testimony
of the men and women who worked with Sgt
McCabe in the years before he made the
complaints.
The report concluded that Mr Shatter did not
heed the voice of Sgt McCabe despite the high
esteem in which he was held.
Mr Guerin said that was despite the minister
having specific statutory powers in the area of
complaints from members.
Mr Guerin said there was a "near total
absence" in the papers he had examined of
written records of submissions made, or advice
given, to the minister by his officials.
He said he had seen no written internal
records of decisions made by the minister.
Mr Guerin said the approach adopted "had the
result that there was no independent
investigation" of Sgt McCabe's complaints.
He concluded that the absence of written
records was a "matter of some concern",
saying it appeared that the minister had acted
"on foot of advice received by the
commissioner", without that advice being
questioned or analysed.
Guerin regrets lack of documentation
from GSOC
Mr Guerin has said it was unfortunate that he
received no documentation from the Garda
Sochna Ombudsman Commission.
In his introductory comments to the report, Mr
Guerin said that Simon O'Brien from GSOC
wrote to him on 13 March to indicate that the
gathering of the relevant material was under
way as a priority.
However, on 23 April, Mr Guerin received a
letter from solicitors on behalf of GSOC raising
"various preliminary legal and practical issues"
that he said might usefully have been raised at
an earlier stage.
Mr Guerin said he does not understand why
the obstacles to seeing them were first
identified to him in correspondence delivered
shortly before close of business on the eve of
the date upon which the report was due.
He said the lack of documents from GSOC has
been an obstacle to any assessment as part of
the review of the adequacy of the
investigations conducted by GSOC.
He did say however, that it did not interfere
with the other work of the review.
GSOC said this evening that it had gathered a
good deal of documentation for the Guerin
review, but felt it necessary to seek
assurances about its use.
It said it was regrettable the review did not see
its files.
"While we were aware of the tight timescale,
we were not aware of an exact fixed deadline
date," GSOC said.
GSOC said a complainant referred to in the
report currently has a case open with the
organisation.
It said that case was subject to an
investigation and a judicial review.
GSOC said it had wished to discuss this issue
with Mr Guerin before his report was
published.
Concern over Bailieboro Garda Station
The report makes a list of suggestions for
matters relating to Bailieboro Garda Station
that should be considered and examined
under the terms of reference of a commission
of investigation.
It calls firstly for an examination into "the
general conduct of policing at Bailieboro Garda
District in 2007/2008".
It also recommends an examination of:
- the management and operational structure
and resource allocation for Bailieboro garda
district to include:
- the number of probationary garda assigned
to Bailieboro district at the relevant times
- the number and experience of sergeants
available to supervise and monitor the
probationary garda
- the significance - if any - of the absence of an
inspector permanently allocated to Bailieboro
Garda Station
- the stability, continuity and experience
available at district officer level in Bailieboro
district at the relevant times
- the arrangements in operation for the
supervision and monitoring of probationary
garda in relation to their operational - and
specifically investigative duties
It also calls for the standard of accommodation
at Bailieboro Garda Station and its possible
impact on the policing function to be
considered.
Martin calls for discrete inquiry
Mr Martin this afternoon said the Guerin Report
recommendation that a Commission of
Investigation be held into the issues raised by
Sgt McCabe must be honoured.
Speaking on RT's News at One, Mr Martin said
a discrete inquiry into these specific areas
would be the correct course of action.
He said a long, unwieldy inquiry could result if
the terms of investigation were broadened.
Mr Martin said the report was a vindication of
Sgt McCabe.
He said the lesson to be learned was that no
matter how difficult and inconvenient it may
be for people in authority, they must listen.
Sinn Fin's justice spokesperson called on the
Government and the acting Garda
Commissioner to immediately restore full
rights to Sgt McCabe.
Pdraig Mac Lochlainn told RT's News at One
Sgt McCabe still did not have access to the
PULSE system and he was the subject of
ongoing harassment and bullying.
Mr Mac Lochlainn said he asked Sgt McCabe if
any senior garda officer had sought to help
him and protect him from harassment and Sgt
McCabe had answered "no".
Mr Mac Lochlainn said the Guerin Report was a
vindication of Sgt McCabe.
Sinn Fin leader Gerry Adams said the
behaviour of garda management outlined in
the report constituted a betrayal of the brave
men and women of the force. He called for
reform of the justice system.
Independent TD Clare Daly said there was a
need for a reconstituted garda force, where it
was unlikely there would be a place for many
of the current senior management.
Wilson calls for transparency
Garda whistleblower John Wilson has said the
Guerin Report highlights the need for a new
era of transparency and accountability in An
Garda Sochna.
He said the vast majority of garda are decent
hard-working individuals who carry out their
duty in the most difficult and dangerous
circumstances.
He said the Government owes it to them that
confidence be restored.
The retired garda said that Sgt McCabe is an
honourable police officer who is still being
denied access to the PULSE computer system
and is still being victimised and harassed.
He also said the interim Garda Commissioner
should "lift the phone and talk to him".
Minister for Transport Leo Varadkar has said
Alan Shatter took responsibility for the
mistakes of many people when he resigned.
Mr Varadkar said he did not think for one
second that Mr Shatter "was the bad guy in all
of this".
He said it seemed the trust he had placed in
garda management and GSOC, to carry out
investigations, seemed to have been
misplaced.
Speaking at the sod turning for the Gort-Tuam
motorway in Co Galway this afternoon, Mr
Varadkar said the Guerin Report created a
number of big questions for the Government.
He said a lot needed to be done to restore
public confidence in the justice system.
Rights Watchdog Regrets Parochial Focus of
Garda Whistleblower Investigation
19-12-2014
ICCL Press release
19 December 2014
Irelands independent human rights watchdog the Irish Council for Civil
Liberties (ICCL) has expressed disquiet at the parochial focus of the
Governments proposed Commission of Investigation into serious
allegations by Garda whistleblower Sergeant Maurice McCabe.
Earlier today (Friday 19 December 2014) the Minister for Justice published
terms of reference for a Commission of Investigation into Certain matters
relative to the Cavan/Monaghan Division of the Garda Sochna following
a May 2014 report on those matters by San Guerin SC.
Speaking today following the publication of the Commissions terms of
reference, ICCL Director Mr Mark Kelly said:
Sergeant Maurice McCabe has made a range of serious allegations arising
from his direct personal experience as a working officer in the
Cavan/Monaghan Division. In his 2014 report, San Guerin SC
extrapolated from Sgt. McCabes personal account matters of grave
systemic concern that merit further investigation.
Rather than focus on the profound systems failures at the heart of
policing accountability signposted by Sgt. McCabes allegations, the
Government appears determined to ensure that this new investigation by
Mr Justice OHiggins will have a distinctly parochial focus.
There is no doubt that serious allegations have been made about
shortcomings in the investigation of wrongdoing in the vicinity of
Ballieboro, but an investigative focus on past events in the hostelries and
omnibuses of County Cavan is unlikely to yield a template for policing
reform.
The ICCL acknowledges that the terms of reference also provide that the
judge may examine the manner in which the Department of Justice, the
(then) Minister for Justice and the Garda Sochna Ombudsman
Commission (GSOC) handled Sgt. McCabes complaints. It considers that
the judge will need to place considerable emphasis on these aspects of his
Investigation if it is to achieve its objective of ensuring continuing
confidence in the institution of An Garda Sochna and the criminal justice
system.
ENDS
Walter Jayawardene
Communications Manager
Irish Council for Civil Liberties
9-13 Blackhall Place
Tel. + 353 1 799 4503
Mob: +353 87 9981574
E-mail walter.jayawardene@iccl.ie

NOTES TO EDITOR
- Details of the Commission to investigate certain matters relative to the
Cavan/Monaghan Division of the Garda Sochna, including the terms of
reference, can be found on the Department of Justice website here:
http://www.justice.ie/en/JELR/Pages/PR14000376
- The full text of the Guerin report is available at this link:
http://static.rasset.ie/documents/news/guerin-report.pdf
- The ICCLs reaction to the Guerin report on its publication in May can be
found at: http://www.iccl.ie/news/2014/05/09/rights-watchdog-deplores-
%E2%80%9Cprofound-systems-failures%E2%80%9D-identified-in-
guerin-report.html

Government approves establishment


of Commission of Investigation as
recommended in Guerin Report
Commission to investigate certain matters relative to the
Cavan/Monaghan Division of the Garda Sochna
Mr. Justice Kevin OHiggins to be the sole member of the
Commission

19 December 2014

Frances Fitzgerald TD, Minister for Justice & Equality has today
announced that the Government has approved the establishment of
a Commission of Investigation to investigate certain matters relative
to the Cavan/Monaghan Division of the Garda Sochna.

The Minister further announced that the Government has nominated


Mr. Justice Kevin OHiggins, former Judge of the High Court and of
the General Court of the European Union, as the Sole Member of the
Commission.

Minister Fitzgerald stated: This Commission of Investigation is


being established in line with the commitment made by
Government following our consideration of the Guerin Report.

The Government has accepted Mr. Guerins recommendation that a


Commission of Investigation would be desirable in the public
interest to ensure continuing confidence in the institution of An
Garda Sochna and the criminal justice system.

All of the matters recommended by Mr Guerin SC for inclusion in a


Commission of Investigation are included in the terms of reference.

The draft Order, which was agreed by Government, has been laid
before both Houses of the Oireachtas in accordance with the
requirements of section 3(2) of the Commissions of Investigation
Act 2004. The draft Order includes the terms of reference for the
Commission.

The Commission is expected to report within one year after


establishment.

Ends.../

Note for Editors:


Commission of Investigation (Certain Matters relative to the
Cavan/Monaghan Division of the Garda Sochna)

Terms of Reference

1. The Commission is directed to investigate the following matters:


(a) The investigation by An Garda Sochna of a public order
incident and possible sexual assault on a bus at Kingscourt, Co
Cavan on 25 February 2007;
(b) The investigation by An Garda Sochna of an assault at the
Lakeside Manor Hotel, Virginia, Co Cavan on 14 April 2007;
(c) The investigation by An Garda Sochna of two incidents in 2007
involving Jerry McGrath, i.e. the assault on Mary Lynch near
Virginia, Co Cavan on 30 April 2007 and the abduction of a child
during the burglary of a house in Tipperary on 9 October 2007, and
the management and coordination by An Garda Sochna of those
investigations, in particular in relation to the question of bail;
(d) The investigation by An Garda Sochna of a public order
incident in Cafollas restaurant, Bailieboro, Co Cavan on 5 August
2007;
(e) The investigation by An Garda Sochna of an incident of assault
and false imprisonment of a girl in Cootehill, Co Cavan on 2
September 2007;
(f) The investigation by An Garda Sochna of a dangerous driving
incident at the Lakeside Manor Hotel, Virigina, Co Cavan on 27
December 2007;
(g) The investigation by An Garda Sochna of an assault in
Crossans public house in Bailieboro, Co Cavan on 23 May 2007;
(h) The investigation by An Garda Sochna of sexual offences and
child pornography offences in respect of which Michael Molloy was
convicted in 2009, having particular regard to the loss of a
computer seized during the course of that investigation;
(i) The investigation by An Garda Sochna of the allegations made
by Sergeant Maurice McCabe of malpractice and corruption in
relation to PULSE records seized from him on 11 October 2010 at
the Hillgrove Hotel, Monaghan;
(j) The investigation by An Garda Sochna and the Minister for
Justice and Equality and Department of Justice and Equality of
complaints made by Sergeant Maurice McCabe in relation to matters
at (a) to (i);
(k) The investigation by An Garda Sochna and the Garda Sochna
Ombudsman Commission of Garda disciplinary issues arising out of
the above matters;
(l) The general conduct of policing at Bailieboro Garda District in
2007/2008 with reference to the management and operational
structure and resource allocation for Bailieboro Garda District, at the
relevant times, including:

The number of probationary Garda assigned to Bailieboro Garda


District;
The number and experience of Sergeants available to supervise
and monitor on a daily basis the work of those probationary Garda;
The significance, if any, of the absence of an Inspector
permanently allocated to Bailieboro Garda Station;
The stability, continuity, and experience available at District Officer
level in Bailieboro District;
The arrangements in operation for the supervision and monitoring
of probationary Garda in relation to their operational and,
specifically, investigative duties, and
The standard of accommodation at Bailieboro Garda station and its
possible impact on the performance of the policing function.
2. The Commission should exercise discretion in relation to the
scope and intensity of the investigation it considers necessary and
appropriate having regard to the general objective of the
investigation.

Profile of Mr. Justice Kevin OHiggins


Born 1946
Education:

Crescent College Limerick


Clongowes Wood College
B.A. (Hons) University College Dublin
Diploma in European Law University College Dublin
Studied law at Kings Inns.
Called to the Irish Bar 1968.
Barrister (1968 to 1986).
Senior Counsel 1982 -1986.
Appointed Judge of the Circuit Court 1986. Served on the Dublin
Circuit, the Midland Circuit and the South Western Circuit.
Appointed to the High Court 1997.
Served for a number of years as Irish Representative on
Consultative Council of European Judges.
Served as Judge of Court of First Instance (now General Court) of
the Court Of Justice of the European Union from 2008 until 2013.
Married with four children.
http://www.justice.ie/en/JELR/Pages/PR14000376
Rights watchdog deplores profound systems
failures identified in Guerin report
Irish Council for Civil Liberties Press release
For immediate release
Friday, 9 May 2014
Irelands human rights watchdog, the Irish Council for Civil Liberties
(ICCL) has issued its initial reaction to the 336-page report of the Guerin
review of action regarding allegations made by Garda whistleblower
Sergeant Maurice McCabe.
The Council deplores the profound systems failures that have been
identified by Sen Guerin SC and, in particular, the fact that there has, to
date, been no independent investigation (paragraph 19.101 of the
report) of substantial and reasonably detailed allegations of significant
misconduct (paragraph 19.94) made by Sergeant McCabe in 2011 and
2012.
The ICCL also notes that Sen Guerin could find no evidence of any
detailed assessment within the Department [of Justice] of any of the
allegations made by Sergeant McCabe or of the responses received from
the [Garda] Commissioner (paragraph 19.100) and that it appears that
the Minister acted as he did on foot of advice received from the
Commissioner, without that advice being questioned or analysed
(paragraph 19.101). This was despite the fact that the Minister had been
expressly invited to exercise two specific statutory functions under section
42 of the Garda Act 2005 (special inquiries) and Regulation 8(2) of the
Garda Sochna (Confidential Reporting of Corruption or Malpractice)
Regulations 2007 (discretion to investigate).
ICCL Director Mr Mark Kelly said:
Sergeant Maurice McCabe emerges from the pages of the Guerin review
as a man grievously wronged and the ICCL deplores the profound systems
failures that have impeded the independent investigation of his
allegations. In 2006, Mr Justice Frederick Morris produced
recommendations which, had they been implemented in full, could have
spared Sergeant McCabe this ordeal and produced a more accountable
police service.
Sen Guerin SC has now recommended the establishment of an
independent inquiry under the Commissions of Investigation Act 2004, a
step for which the ICCL has been calling since this controversy first arose.
That inquiry should have broad terms of reference to examine the
operation in practice of current Garda Sochna and Department of Justice
systems of management and accountability. In addition, as a matter of
urgency, an independent Garda Authority should be put in place, GSOC be
given powers to receive complaints from serving officers and enhanced
protections for whistleblowers introduced, Mr Kelly continued.
The Government must seize this opportunity to place a human rights
based approach at the core of policing in Ireland, Mr Kelly concluded.
ENDS

Walter Jayawardene, Communications Manager, Irish Council for Civil


Liberties
Tel. + 353 1 799 4503 Mob: +353 87 9981574
E-mail walter.jayawardene@iccl.ie

Note to editor:
The full text of the Guerin report is available at this link:

Commission of Inquiry must be empowered to


help 'stop the rot'", says human rights
watchdog.
10 February 2017
The Irish Council for Civil Liberties (ICCL) today expressed its
concerns at the ongoing controversy surrounding the
treatment of Garda whistle-blower Sergeant Maurice McCabe
and notes that issues arising may be so profound as to require
a broader response engaging institutions beyond the proposed
Commission of Investigation.The potential involvement of a
range of state agencies in the alleged smear campaign against
Sergeant McCabe run to the very heart of the Irelands justice
system and its political system, even raising issues of public
confidence in the State's child protection systems.While the
ICCL has consistently called for a robust and a comprehensive
Commission of Investigation to address the issue of the
treatment of Garda whistle-blowers, it is now clear that wider
issues central to the future of policing and the vindication of
rights also fall to be addressed.Speaking today, ICCL Executive
Director Mr Liam Herrick said: Information which has been
placed into the public domain in the last 48 hours including
very serious allegations of misconduct in the treatment of Sgt
Maurice McCabe raise very serious questions for accountability
and oversight across a range state agencies which must be
addressed if the public is to retain full confidence in the
administration of justice and policing in Ireland. The Tnaiste
and Minister for Justice and Equality must ensure that the
proposed Commission of Inquiry is constituted to stop the rot
and that measures to ensure meaningful reform of policing and
justice are implemented without delay.As a first step, the
Tnaiste should consider broadening the scope and authority
of the Commission to investigate matters it deems pertinent to
complete its work, including, but not limited to, the actions of
Tusla Child and Family Agency, while ensuring that this is
achieved within a specified time frame., he added. Drawing
attention to the time frame in which the Commission of
Investigation will conduct its work, Mr Herrick noted:It is
imperative that Judge Charelton is empowered to reach full
conclusions within a specified timeframe and can do so while
respecting and vindicating the rights of all parties to the
Investigation. However, it is equally important that the
Government and the relevant oversight bodies now accelerate
the wider process of Garda reform. From the seriousness of
the issues that arise in this case, it is clear that Garda reform
to date has been partial, and that systemic and cultural
resistance to reform remains. While the ICCL acknowledges
the significant steps taken to reform whistle-blower practice
within An Garda Sochna, including the input of the Policing
Authority, the public must be provided with concrete
assurances that reforms, including the recommendations of
the Policing Authority, have been adopted and are being
implemented.The ICCL also notes that while the Garda
Inspectorate is charged with undertaking inspections and
inquiries into aspects of policing, it may have a role in play in
examining the general issues of data control and data
protection within An Garda Sochna, and the issues of the
interaction between An Garda Sochna and the media.
Similarly, issues of concern to the Data Protection
Commissioner should not be overlooked.EndsFor more
information, please contact:Emily Glen, Communications
OfficerMob: +353 87 9981574E-mail: emily.glen@iccl.ieorICCL
at:Email: info@iccl.iePh: 01 799 4504
http://www.iccl.ie/news/2017/02/10/commission-of-inquiry-must-be-
empowered-to-help-stop-the-rot-says-human-rights-watchdog.html

Report TO An Taoiseach, Enda Kenny TD ON A REVIEW OF THE


ACTION TAKEN BY AN GARDA SiochAna PERTAINING TO
CERTAIN ALLEGATIONS MADE BY SERGEANT MAURICE
http://cdn.thejournal.ie/media/2014/05/guerin-report-2.pdf

Alan Shatter slams Guerin report


Jun 19, 2014
https://www.youtube.com/watch?
v=z3cH6H4X9dg

THIS IS WHAT the new Minister for Justice and Equality


Frances Fitzgerald had to say on the Guerin report just now:
THE report by Mr Sen Guerin SC reaffirms that we must
now enter a new era of policing in this country and that
organisational reform and cultural change is essential.The
content and the findings of the report are extremely grave.
The report finds fault with the adequacy of the performance
of An Garda Sochna and the Department of Justice and
Equality. I am also concerned at the comments in the report
about GSOC and its relationship to the enquiry.In Ireland,
the law is for everyone. And everyone is equally accountable
before it.We will ensure that we have a fair and functional
system where genuine allegations of wrongdoing are treated
in an effective and accountable manner.I am determined to
introduce a comprehensive set of measures and reforms to
ensure confidence in An Garda Sochna; to address
systemic failings in the oversight and accountability of the
force; and to support the men and women of An Garda
Sochna who play such a vital role in keeping our
communities safe.

These measures and reforms include:


A Commission of Investigation will be established
arising from this report. This Commission will provide a
forum where the complaints made by Sgt McCabe can be
fully addressed;
A new independent Garda authority will be established
to exercise effective oversight of the Garda Sochna. I will
be bringing forward comprehensive legislative proposals to
the new Cabinet Committee on Justice Reform to establish
this authority;
The Protected Disclosures Bill, which was brought
forward by the Minister for Public Expenditure and Reform,
is being amended to enable the Garda Ombudsman
Commission to receive reports from Garda whistleblowers
and to independently investigate them;
The Joint Oireachtas Committee on Justice, Defence
and Equality are currently examining the adequacy of
GSOCs legislative framework, and I look forward to their
recommendations.
Todays report is clear that operational policies and
procedures within An Garda Sochna were inadequate in
the cases examined; including with respect to performance
and professional standards, consistency of approach,
recording and management and supervision of individual
cases. The report further raises fundamental questions
about the treatment and response to victims of crime which
must be addressed as a matter of priority.
I have today met with the interim Garda Commissioner
Noirn OSullivan and we have discussed a range of issues. I
welcome the fact that Commissioner OSullivan has already
signalled the need for a sea change in the culture of the
Force. She will have my full support in doing whatever is
necessary to achieve this.
I view with the utmost gravity the concerns raised by Mr
Guerin about procedures for dealing with complaints in my
Department. I intend to ensure that the issues raised are
dealt with comprehensively and robustly. The Secretary
General of my Department will ensure that the handing of
complaints received by the Department meets with best
practice in receiving and responding to complaints.
This report will be debated in the Dil next week and I look
forward to listening to Deputies from all sides of the House.
I am aware that these are difficult times for An Garda
Sochna but I believe our communities recognise from their
own experiences the valuable and very important work done
by members of the Force day in day out. The process of
reform which is underway; and which I will lead, is intended
to support the men and women of An Garda Sochna in
carrying out that work.
Alan Shatter wins appeal to
challenge Guerin report
The report focussed on Shatters handling of complaints made by Garda
whistleblower Sergeant Maurice McCabe.
Nov 10th 2016, 11:01 AM 6,796 Views 24 Comments
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Image: PA Archive/PA Images


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THE COURT OF Appeal says that Alan Shatter has won his
appeal over a failed challenge to the Guerin report.
The report focussed on Shatters handling of complaints
made by Garda whistleblower Sergeant Maurice McCabe.
The case revolved around the report prepared for the
government by barrister Sean Guerin into the allegations
around policing in the Cavan/Monaghan area.
The three court judge today unanimously granted the former
Justice Ministers appeal after the High Court dismissed his
challenge. In the written judgment, Mr Justice Sean Ryan
said that Shatter was in jeopardy of losing his constitutional
rights due to the conclusions barrister Sean Guerin had
planned to put into his report.
He added that while Guerin was working under pressure, he
had to adhere to the rules of natural justice.
Shatter had said that findings of fact had been made
against him without proper procedure, something Mr
Justice Ryan commented on.
It is often forgotten that while fair procedures are required
as a matter of protection of human rights, that is not their
only purpose.
The fact that somebody is given a fair hearing or an
opportunity to answer a case means that the outcome of the
process of inquiry should be better because of the
procedures that were adopted.
It is not just that procedures are there to protect people;
they are also there to improve the quality of the outcome of
the investigative process.

He said that there may be an issue in obtaining appropriate


remedies for Shatter, who resigned from his position under
pressure from the report.
He agreed with the trial judge that Guerin was working in
dealing with such a large amount of documentary material
under severe time constraint and said the decision was not
a criticism of him.
It seems to me that he was in error, but in the overall
context of what he had to do I am very far from being
personally critical of him.
Guerin denies any unfairness and argued the report was
observational, not conclusive.
Welcomed
In a statement, Shatter welcomed the decision.
The findings and conclusions of the Guerin Report were the
cause of my being required, on 7 May, two days before the
Report was published, to resign my position as Minister for
Justice, Equality and Defence on being informed by the
Taoiseach that he could no longer express confidence in me.
Mr Guerin made his findings and conclusions which
criticised my competence as Minister, and the manner in
which I dealt with the complaints of Sgt Maurice McCabe,
without ever speaking with me or giving me the opportunity
to address his concerns.
I believed that the report should be challenged in the public
interest to ensure that, in the future, no one conducting a
non-statutory inquiry is free to criticise individuals and
damage their reputation and good name without affording
them an opportunity to be heard. Today, important
constitutional values, central to our constitutional
democracy have been upheld and reaffirmed to the benefit
of us all.
It is my hope that todays decision will bring this litigation,
which should never have been necessary, to an end.

File photo
Image: Laura Hutton/Photocall Ireland
/Photo Text content
ENDA KENNY HAS corrected the Dil record in relation to
comments he made about former Justice Minister Alan
Shatter after the Guerin Report into Garda misconduct was
published two years ago.
Speaking in Leinster House today, Kenny corrected the Dil
record from 7 May 2014, saying that Shatter did not accept
responsibility for the findings of the report.
Kenny was opening the Dil statements today on the
OHiggins Commission of Investigation which looked at
allegations of Garda malpractice and the failings of garda to
properly investigate crimes.
The Taoiseach said that he was happy to correct the Dil
record in the wake of the findings of the OHiggins report.
In response to a request from the former Minister, I would
also like to take the opportunity to correct the Dil record of
7 May 2014, said Kenny.
I am happy to state on the record that the former Minister,
in resigning, did not in fact accept responsibility for
criticism made in the Guerin Report of the adequacy of the
Department and Minister for Justice and Equality in
responding to allegations made by Sergeant McCabe.
Two weeks ago, Shatter who lost his seat in the recent
election released a letter that he had sent to the
Taoiseach, requesting the Dil record to be corrected
following the publication of the OHiggins report.
While the Guerin report had found that Shatter had failed in
his duties to properly investigate allegations of corruption
and malpractice in the force, the more recent OHiggins
report found that this wasnt the case.
Shatter stepped down from his post at the time in the wake
of the Guerin report.
Kenny said in the Dil at the time that Shatter had accepted
responsibility for the findings of the report a statement he
corrected today.

Thanks
Kenny thanked Shatter for his service as a minister today
and as a TD.
As Taoiseach I again thank [Alan Shatter] for his service as
a minister and as a deputy over many years, he said.
He said that Shatter had clearly laid out his reasons for
leaving in his letter of resignation at the time and that he
had left a positive legacy behind him.
He said that other issues raised by Shatter in his letter to
Kenny related to ongoing court action over the Guerin report
and could not be discussed at this point.
The Government will respond when that litigation is
resolved, taking account of the relevant court judgements,
said Kenny.
Entirely reasonable
Following Kennys speech, Justice Minister Frances
Fitzgerald said it was important to recognise the
contribution that Alan Shatter has made to public life.
Far from finding the slightest fault with the approach of
Alan to any of these serious matters, the report uses
descriptions such as appropriate and entirely reasonable
to characterise his behaviour in all the matters involved,
she said.
This is a report that must be considered carefully in its
totality, and we must learn all of the lessons from it.
The findings of the OHiggins Report are being discussed
today in the Dil, with government and opposition TDs
making statements on its findings.
THE JUDGE IS CORRUPT AND GOT THIS WRONG,
SHATTER FAILED TO PROTECT THE
WHISTLEBLOWERS, AND THE IRISH PEOPLE WHO
WERE FAILED IN THE JUSTICE SYSTEM
WHICH YOU CAN READ HERE

IN HIS RESIGNATION letter on Wednesday, Alan Shatter


said that he had only read three chapters of the Guerin
Report, plus the covering letter by Sen Guerin, when he
decided to resign.
As you know, the Report runs to over 300 pages and I have
neither had the time to fully read or fully consider the
contents of the Report, he wrote in his letter to Taoiseach
Enda Kenny.
He told the Taoiseach that as well as the cover letter, he had
read chapters 1, 19 and 20.
The report was published just before 1pm today. Chapter 20
is all about the conclusions and recommendations, which
you can read about here, but heres whats in the other
chapters that Alan Shatter read before he resigned.
The findings show why the Minister for Justice had to
resign. Sen Guerin explains that the Minister had a
statutory responsibility to act once Maurice McCabe had
brought his complaints to the Confidential Recipient, but he
never did.
Guerin also says that in the absence of any documentary
evidence, it appears that Alan Shatter did what he did on
foot of advice from then-Garda Commissioner Martin
Callinan, without the advice being questioned or analysed.
THE LETTER (AND HOW GSOC BROUGHT IN THE
LAWYERS)
Sen Guerin, the senior lawyer appointed by the Cabinet to
carry out the report into the allegations by Sergeant Maurice
McCabe, wrote a brief two-page letter contained at the front
of his report.
The letter is straightforward. Guerin says he regrets that the
report was not completed within the original time period it
was supposed to be completed before Easter but says there
was a large volume of material involved.
He says that he did not receive any documentation from the
Garda Sochna Ombudsman Commission (GSOC), which
he describes as somewhat unsatisfactory. He notes that
GSOC has indicated through its lawyers that it has
voluminous documentation available, but was unwilling to
release it without certain safeguards being put in place.
Guerin says that some of the issues raised in the report are
currently the subject of ongoing proceedings involving the
State, which, he says, bring up two issues: the questions of
privilege and the sub judice rule, which is when a case is
before a court.
Source: Mark Stedman/Photocall Ireland
He says that he has tried to avoid straying into comment on
matters that are before the courts but it may have been
impossible to do so, particularly in relation to one issue.
CHAPTER 1 HOW THE REPORT WAS CARRIED
OUT (AND WHAT DIDNT WORK)
The first chapter of the 336-page report is an introduction
and again, is very straightforward, but with some interesting
detail.
It notes that the original dossier from Sgt McCabe contained
reference to 16 incidents, ten of which dealt with the way
that garda investigated a crime.
Of the remaining six, three concerned internal matters
within the garda force, including one case of sexual
harassment of a young female garda. Two were allegations of
specific misconduct by garda, and the final matter was
about a report made by Sgt McCabe in early 2008 about
garda conduct.
The chapter states the terms of reference of the report,
which are based on the dossier compiled by Sgt Maurice
McCabe and given to the Taoiseach on 19 February this year
alleging grave deficiencies in the investigation and
prosecution of crimes in the county of Cavan and
elsewhere.

Source: Niall Carson/PA Wire


It notes that Guerin was tasked with interviewing Sgt
McCabe and anyone else considered necessary and capable
of helping with the report, as well as examining all
documents held by An Garda Sochna, the Department of
Justice, and any other public body which may have been
involved.
It specifically notes that Guerin was asked to review the
adequacy of any investigation by the garda into the
allegations in the dossier, and to see if they did their job
properly.
It says that as a result of the report it will be decided
whether it is in the public interest for the Government to set
up a Commission of Investigation and if so, what matters
should be investigated.
Guerin explains how he went about carrying out his report,
including writing to several bodies involved including the
Garda Commissioner and the Minister for Justice asking
for any relevant documents. he thanks all the groups for
cooperating with him except for GSOC.
Despite originally saying that they were putting together
relevant material, and it would be forwarded shortly, Guerin
then received a legal letter from Arthur Cox Solicitors
raising legal and practical issues which, Guerin notes,
might usefully have been raised at an earlier stage.
He says:
I do not understand why the obstacles to my seeing them
were first identified to me in correspondence delivered
shortly before close of business on the eve of the date upon
which my report was due.
When it came to Sgt McCabe, Sen Guerin sys that he
interviewed him for a total of almost 19 hours spread across
three days. He says Sgt McCabe cooperated fully.
CHAPTER 19 WHAT ALAN SHATTER KNEW
Chapter 19 of the report is titled Role of the Department of
Justice and Equality and is 31 pages long.
It begins not with Alan Shatter but with the previous
Minister for Justice Fianna Fil TD Dermot Ahern. The
report says that Sgt McCabe emailed the then-Minister on
23 March 2009 about malpractice and corruption in
Bailieboro Garda District in Cavan/Monaghan.
In the email, Sgt McCabe was critical of comments on the
front page of The Anglo Celt newspaper attributed to the
Chief Superintendent for the area, Colm Rooney, in which
he dismissed any hint of issues in Bailieboro.
McCabe said it was appalling that the Chief Superintendent
would say that in public while the investigation was ongoing.
He said it was Donegal all over again. He asked the
Minister for an independent inquiry into the investigation.
In response, the Ministers private secretary said that the
investigation was a matter for the Garda Commissioner,
saying:
The Minister believes that in the circumstances, the most
appropriate action for now is to allow the Commissioner to
complete his work and let due process take its course.
The matter was not taken any further at that time.
How the Confidential Recipient got involved
Nineteen months later, on 11 October 2010, Sgt McCabe
made a complaint to the Confidential Recipient, whose job
was to receive and process garda complaints about
irregularities within the force.
Exactly one month later, the Confidential Recipient notified
the Minister that he had given a report to the Garda
Commissioner who at the time was Fachtna Murphy
about allegations made against an Assistant Commissioner,
Derek Byrne, by a garda. The Commissioner was given a
copy of the letter, and the Ministers private secretary
acknowledged that it would be brought to his attention.
In April 2011, Lorraine McCabe, the wife of Sgt Maurice
McCabe, made a complaint to the new Minister for Justice
Alan Shatter about the conduct of certain garda in Mayo.

Source: Mark Stedman/Photocall Ireland


She said that her husband had reported similar and worse
conduct by garda in Cavan three years earlier, and included
some details of the complaints he had made, noting that all
matters were covered up.
The Guerin Report says:
She referred in particular to what had happened between
Sergeant McCabe and Assistant Commissioner Byrne when
they met in October 2010. She stated that she wished to
make a formal complaint against Assistant Comissioner
Byrne.

She referred to what she described as the hurt, stress,


annoyance, severe damage and sheer hell on our family and
our family life. She said that wrong doing had been covered
up and hidden.
She also said they had received a death threat from a garda
but hadnt reported it for fear of repercussions. she asked for
the Ministers help.
Alan Shatters private secretary wrote back days letter,
giving the contact details of GSOC and advising how a
complaint might be made. It also says that given the
seriousness of the allegation of the death threat, the Garda
Commissioner was being informed.

Source: PA Wire/Press Association Images


Lorraine McCabe emailed again in May, saying:
I had asked the Minister and your office for some help and
received none at all.I did expect someone from your office to
make contact with me and this has not happened. You
acknowledge that the allegation is extremely serious?
Alan Shatters private secretary wrote back the next day 6
May 2011 saying that it would be brought to the Ministers
attention.
One month later, Sgt McCabes solicitors wrote to the
Minister asking for a Commission of Investigation to be set
up, based on his allegations of serious malpractice,
wrongdoing, and gross dereliction of duty in the Bailieboro
District.
The letter said that McCabe:
has lost all faith in An Garda Sochna to properly
investigate matters about which he complains and which are
obviously of huge public concern.
Guerin notes that there does not seem to have been a reply
to that solicitors letter, even though the copy I have seen
bears a stamp from the Ministers office dated 17 June 2011.
The solicitors again wrote to Alan Shatter on 9 August 2011
about a letter from the Chief Superintendent garda of
Cavan/Monaghan on Sgt McCabes allegations, which was
sent to all district offices in the area. They asked Shatter to
write back immediately.
The letter, which is the subject of legal proceedings, said that
the investigation into the allegations had found there were
no system failures in Bailieboro Garda District, noting that
some minor procedural issues were identified. The letter
congratulated members who served in Bailieboro and said
that the high standards and professionalism of the District
force in Bailieboro had been vindicated.

Within days, the Ministers private secretary wrong back


saying that the issue was being investigated by the garda
and GSOC and it would be inappropriate for the Minister to
intervene.
Guerin notes that he does not know what was meant by the
reference to a complaint of Sgt McCabes being investigated
by GSOC. I am not aware of any such investigation and it
seems unlikely that there was any such investigation, he
writes.
In January 2012, Oliver Connolly, the Confidential
Recipient, sent the Minister for Justice a confidential report
about a complaint against Garda Commissioner Martin
Callinan by a member of the force whose identity was
redacted. The issues in the report dealt with Jerry McGrath,
the alleged alteration of official Garda records to hide
malpractice, and sexual harassment of a female garda,
among other things.
The report said that the reporter was very fearful of revenge
and harassment against himself and his family.

The anonymous garda said the incidents had been


investigated by Assistant Commissiner Byrne, who upheld
the serious ones, but decided that the complaints against a
Superintendent were not substantiated.
I find it hard to understand that the Commissioner of An
Garda Sochna has rewarded Superintendent Foxtrot and
place him on a promotion list for the rank of Chief
Superintendent.
It has sent out a message to the force that if you ignore your
duty, are grossly negligent, hide and cover up, you will be
deemed suitable for promotion
The garda said Commissioner Callinan should have known
of the malpractice and shouldnt have placed the
superintendent on a promotion list, while Assistant
Commissioner Byrne had failed to uncover and report
serious derelictions of duty.
Garda regulations say that when the Minister receives a
confidential report of this kind, unless he has reason to
believe that the allegation is fake or frivolous, should make
sure the allegation is investigated.
The report was also sent to the Secretary General of the
Department of Justice, Brian Purcell, in January 2012.
The Garda Commissioner was asked for his comments as
soon as possible before the Minister decided what to do,
and he wrote back on 27 January 2012. In his letter, he said
that while he did not know the identity of the anonymous
garda, it sounded similar to Sgt McCabes allegations which
he said had already been investigated.

Martin Callinans letter then set out a history of the


complaints made by Sgt McCabe, who, Callinan wrote, had
exposed his position as the confidential reporter. He
dismissed the allegations, saying that the cases had been
investigated and resolved.
The Minister emailed the Confidential Recipient on around
7 February 2012 saying:
Any question of the Garda Commissioner having a case to
answer arises only in the event that the Superintendent has
been found to have committed the alleged malpractices.
Alan Shatter also said that the Garda Commissioner had
advised him that no evidence was found of any wrongdoing
by the named Superintendent, or Assistant Commissioner
Byrne.
On the basis of these findings, there is no evidence to
support any further action by me in relation to the allegation
made in the confidential report against the Garda
Commissioner.
Sen Guerin notes that this letter is the ministers decision
on the complaint submitted to him by the Confidential
Recipient. He notes that he has not seen any memorandum
or documents whatsoever that show that the Ministers
decisions, or notes from his staff to ensure he carried out
his function under garda regulations to investigate.
On 12 May 2012, Sgt McCabe wrote to the Confidential
Recipient again, complaining that the way the Minister had
gone to the Commissioner to ask him to account on his own
complaint was alarming.
He said that his legal team had never been informed that the
investigation had been completed and that a number of
serious matters were still ongoing.

Crucially, McCabe said that the Minister had acted in an


inappropriate way and that it was wrong of him to request a
report from the persons that Sergeant McCabe had
complained about.
He said it defied logic and was not fair or in keeping with
natural justice and fair procedures, and that the Minister
was being fed false and misleading information.
Once again, in September 2012, Maurice McCabes solicitors
wrote to Minister Shatter saying that he had not given
proper consideration to the law in holding an investigation
into the allegations. The letter included three booklets of
documents provided by McCabe relating to malpractice and
corruption among garda in the Cavan/Monaghan division.
As Guerin puts it:
In other words, having apparently exhausted the
possibilities of the confidential reporting scheme, Sergeant
McCabes solicitors were now revisiting the question of a
statutory investigation.
This time, the Department of Justice actually prepared a
submission. However the only course of action suggested
was not an inquiry, but the suggestion that the three
booklets should be referred to the Garda Commissioner.

The Department of Justice


That didnt happen. Instead, a letter from the Department
said that as the Minister had been asked to establish a
special inquiry under Section 42 of the Garda Sochna Act
2005, he would have to take into account the observations of
the Garda Commissioner.
The Department sent another letter in November 2012
asking for a response, and again on January 2013.
In the meantime however, Sgt McCabe emailed Minister
Shatter on 12 December 2012 about the Ministers
comments about ticket fixing issues, saying that his
serious complaints had never been investigated.
He received a response saying, once again, that the issues
had already been investigated and that no evidence of
corruption or malpractice had been discovered. These
comment mirror the contents of the Commissioners letter
from January 2012.
Sgt McCabes solicitors wrote to the Minister again saying
that their client had no faith in the internal garda
investigations and that he had not been contacted by any
investigator from the force, which was most unusual when
he was the one who had brought the information to the
attention of the authorities. They requested a meeting with
the Minister.
There was some back and forth between the solicitors and
the Ministers office over several issues across the following
months. The office repeatedly asked for permission for the
three Bailieboro booklets to be forwarded to the Garda
Commissioner for their views.
It was around that time that something substantive
happened: The Assistant Secretary of the Department of
Justice, Michael Flahive, wrote up an email with a
chronology of the correspondence between the Department
and McCabe, as well as a summary of the three booklets.
This happened while there was something of an impasse in
the correspondence between both sides. The minister had
not refused to exercise his power to establish a special
inquiry, but had sought agreement to send the booklets to
the Garda Commissioner as a preliminary step. Meanwhile,
Sgt McCabes had not objected to this, but had not
consented either and had clearly signalled that they didnt
have confidence in an internal garda investigation.

Attorney General Mire Whelan


Source: Brian Lawless/PA Wire
It was at this time that the Attorney General became
involved. Guerin notes that he doesnt have a copy of any
letter seeking advice, but he does have the letter that the AG,
Mire Whelan, sent to the Minister advising him. The advice
is about the three booklets of allegations sent to Alan Shatter
by Maurice McCabes solicitors.
The Attorney General said that two of the booklets should be
forwarded to the Minister, while the third should be
returned to Sgt McCabes solicitors. It is unclear whether or
not they were ultimately forwarded to the Garda
Commissioner.

Conclusion on Shatter
In his analysis, Guerin is damning of Minister for Justice
Alan Shatter. He says that the Minister was invited to use
two statutory functions to set up an independent inquiry
into issues which he had received complaints about.
The allegations, which were made in 2011 and 2011,
included an allegation of misconduct by the Commissioner,
about the conduct of the existing internal garda
investigation, and an assertion of a loss of confidence in
such an internal investigation.
Guerin says that there was a problem with the way that the
Department handled it:
From the papers I have seen, I have had difficulty finding
material which demonstrates that the Department identified
and understood the significant independent statutory role
which the Minister had to perform in respect of those
matters
Guerin also notes that the initial response of the
Commissioner in January 2012 was almost entirely lacking
in any detailed account of the substance of the allegations or
the conduct and findings of the internal investigation.

Source: Brian Lawless/PA Wire


Guerin says that it was not clear what decision Alan Shatter
made about how to proceed with the allegations and
whether they warranted an investigation.
In effect, the process of determining Sergeant McCabes
complaints went no further than the Minister receiving and
acting upon the advice of the person who was the subject of
the complaint, Guerin writes.
It is surprising that, having been informed that complaints
had been investigated internally by An Garda Sochna, the
Minister appears to have been satisfied by a brief summary
of the conclusions of the investigation, rather than seeking a
copy of the investigation report for review
Indeed, in all the papers furnished by the Department, I
can find no evidence of any detailed assessment within the
Department of any of the allegations made by Sergeant
McCabe or of the responses received from the
Commissioner.
Guerin notes that there is a near-total absence of written
records of advice given to the Minister by his officials,
particularly about exercising his specific statutory functions.
Similarly, there are no written internal records of decisions
made by the Minister.
As a result, this review is unable to shed any light on the
reasons for the approach adopted by the Minister to the
exercise of those functions.
For whatever reason, the approach had the result that there
was no independent investigation of Sergeant McCabes
complaints.
The absence of the records that one would expect of a
careful and reasoned exercise of an important statutory
function is a matter of some concern.
In an important sentence, Guerin notes that it appears that
the Minister acted as he did on foot of advice received from
the Commissioner, without that advice being questioned or
analysed.

Source: Niall Carson


He ends by saying that the matters warrant further inquiry:
In all the circumstances, I am of the opinion that there is
cause for concern as to the adequacy of the investigation of
the complaints made by Sergeant McCabe to the Minister for
Justice and Equality and a sufficient basis for concern as to
whether all appropriate steps were taken by the Minister for
Justice and Equality to investigate and address the specified
complaints.
Source: Laura Hutton/Photocall Ireland
The dossier was passed to Taoiseach Enda Kenny, who said
that the documents contained extremely serious allegations
of garda misconduct.
Guerin was given several weeks to carry out an independent
investigation to see if there were grounds to establish an
official statutory inquiry into what happened.
How big is this report? And who has read it?
The report runs to more than 300 pages. Taoiseach Enda
Kenny and former Justice Minister Alan Shatter both
received a copy earlier this week ahead of its publication
today.
What exactly did Guerin look at?
Guerin was asked to assess the investigative methods that
were used by garda in the ten sample cases in question. As
part of this, he interviewed Sgt Maurice McCabe several
times, as well as members of GSOC (the Garda
Ombudsman).
Source: Mark Stedman/Photocall Ireland
Guerin says it was beyond the scope of the report to make
any determination of the complaints Sgt McCabe has made.
However he concluded that the allegations were serious
enough to warrant an official inquiry.
What are the cases involved?
The most important of the cases revolve around Jerry
McGrath, who was convicted for the murder of 33-year-old
Sylvia Roche Kelly in a Limerick hotel. The murder
happened in December 2007, but McGrath had carried out
other crimes earlier that year.
In April 2007, McGrath had attacked taxi driver Mary Lynch
after getting her to drive him to what he said was his sisters
house in Cavan.
Lynch told RTEs Prime Time in February that McGrath had
grabbed the keys to her car before seriously assaulting her.
He stood back and started kicking me and then started
pulling my hair and he bit me very badly on the shoulder,
she said.
I knew that if he got me out of the car Id either be raped,
murdered or both.
Five months later, while on bail, McGrath tried to abduct a
5-year-old girl from her home in Tipperary in the middle of
the night. He was caught by the childs parents who heard a
noise and discovered McGrath on the stairs with the child in
his arms.
While in court over the attempted abduction, garda failed to
raise the fact that McGrath was already on bail for the
assault on Mary Lynch, and he was once again released on
bail.
Just two months later, while he was still out on bail for this
second crime, Jerry McGrath murdered Sylvia Roche-Kelly
in the Clarion hotel in Limerick.
The family of Roche-Kelly have said they want answers to
what happened, and that they fear another cover-up in
relation to how garda dealt with Jerry McGrath prior to her
murder.
What other cases are involved?
The remaining cases include details of three assaults, one
case of falsified garda records, and an incident involving
false imprisonment which was not investigated properly,
according to Sgt McCabes dossier.
When did Maurice McCabe first raise the issue?
Sgt McCabe is believed to have gone to the authorities in
May 2008, when he was stationed in Cavan-Monaghan.

Maurice McCabe
When did Alan Shatter find out about the
allegations?
Oliver Connolly, who was sacked as the garda confidential
recipient earlier this year, said the Minister was made aware
of issues around these crimes two years ago. Shatter would
have read your report in detail, I know he did, Connolly
told Maurice McCabe in a recorded conversation.
What did Alan Shatter say about the report in his
resignation letter?
In his resignation letter, Alan Shatter said he had only read
three chapters of the report but that it had been enough to
prompt his resignation.

Source: Niall Carson/PA Wire


However, he also said:
I would, however, be less than honest if I did not also record
my concerns and reservations with regard to his [Guerin's]
report and, in particular, certain conclusions reached by
him.
He noted that there were difficulties with GSOC handing
over some documents to Guerin. He also said that he had
expected to be interviewed for the report but never was.
I would have expected, if it was his intention to reach a
conclusion or form an opinion with regard to my approach
or the extent of my concern with regard to the issues raised
by Sgt McCabe, that he would have done so, he wrote.
What happens next?
Sen Guerin recommends that the allegations should now be
the subject of a statutory inquiry. The Cabinet is likely to act
soon to set up this inquiry, given the seriousness of the
allegations.
The next question will be that given the Minister for Justice
has already resigned over the report, whether there will be
serious repurcussions for other people who were involved in
the cases, including members of An Garda Sochna.
GSOC ANNUAL REPORT- 2014. 3 Contents ... known as the Guerin
Report, 2014
https://www.gardaombudsman.ie/docs/publications/GSOC_Annual_R
eport_2014.pdf
Senior Counsel Sean Guerin's letter regarding Review of Action
taken in Relation to Allegations Made by Sergeant Maurice
McCabe
Guerin report which cost
Shatter job is revealed
The report recommends: The entire bail process, nine Garda
investigations and the whole management of whistleblower complaints
should be thoroughly probed in upcoming inquiry.
May 9th 2014, 12:44 PM 19,584 Views 50 Comments
Share69 Tweet24 Email17
Photo

Image: Niall Carson/PA Archive/Press Association Images


/Photo Text content
THE GUERIN REPORT into the handling of Garda
whistleblower complaints has just been published by the
Government.
It can be read in full here.
Sen Guerin, the senior counsel who authored the report,
noted the difficulty of being a whistleblower in an
organisation like the Garda Siochna where security is
paramount. He wrote:
The paradigm of the whistle-blower is an unattractive
one. The whistle-blower, like the referee from whom he gets
his name, is seen as someone who is not on the team.The
challenge of accommodating and learning from legitimate
criticism is always going to be a difficult one, especially in a
disciplined force.
The recommendations of the report are largely concerned
with what Guerin believes the upcoming inquiry into the
complaints, and the handling of them should focus on.
These are wide-ranging he writes of concerns with
the adequacy of investigation around nine separate Garda
investigations, two of which were linked with the Jerry
McGrath investigation (you can read the background to that
in our explainer here).
However, he also looked at whole processes in Garda
operations, including note-taking, guidance and support to
officers during investigations, the entire bail process and
conduct overall.
The issue of how complaints by so-called whistle-
blowers is also a highlighted point, and one which will be
given much time in the upcoming inquiry. The reaction of
former Garda Commissioners and former Justice Minister
Alan Shatter to these complaints, and their handling of
them, should be looked at, Guerin recommends.
Criticism of his role in issues around the management of
complaints led to the resignation on Wednesday of this week
of Alan Shatter as Minister for Justice, Equality and
Defence.
In his resignation letter,
http://cdn.thejournal.ie/media/2014/05/shatter-resigns-
letter.pdf

Shatter said that he agreed with senior counsel Sean


Guerins report recommendation that the allegations made
by Garda whistleblower Sergeant Maurice McCabe were
serious enough for an inquiry into them to be launched.
The chapters particularly of note in relation to the former
ministers involvement are Chapters 1, 19 and 20, as he
mentioned in the same resignation letter.
However, Shatter had said that he was surprised not to have
been interviewed by Guerin in the compilation of his report:
I would have expected, if it was his intention to reach a
conclusion or form an opinion with regard to my approach
or the extent of my concern with regard to the issues raised
by Sergeant Maurice McCabe, that he would have done so.
And he spoke of his concerns that Guerin had not received
documentation from GSOC (Garda Siochana Ombudsman
Commission) and there had been difficulties in that
regard.
Garda Siochana Inspectorate
Publication of Garda Inspectorate Report on Crime Investigation
http://www.gsinsp.ie/en/GSINSP/Press%20Release.pdf/Files/Press%20Release.pdf

Garda Sochna Inspectorate tasked with ... Garda


involvement in the investigation

ResponseoftheGovernmentofIrelandtothereportoftheEuropeanCommitteeforthePreventionof
TortureandInhumanorDegradingTreatmentorPunishment(CPT)onitsvisittoIrelandfrom2ndto
the13thOctober,2006

http://www.cpt.coe.int/documents/irl/200741infeng.pdf

Garda Inspectorate. (2014) Report of the Garda Siochana Inspectorate.


Crime investigation. Dublin: Garda Inspectorate

Over two years of research including, policy review, field


inspections and focus group sessions the Inspectorate has
examined the Garda Sochnas crime investigation
practices and informed this inspection. The Inspectorate
has also described in detail, the processes involved in the
everyday investigation of crime in Ireland, in order to show
the significant challenges and complex inter-relationships
involved in these processes.
EMCDDA European drug report 2016
http://www.drugsandalcohol.ie/25579/1/Final_EDR_report.p
df
European Drug Report 2016: trends and
developments in Europe's drug situation
May 31, 2016
What are the latest trends in drug supply to Europe? What
drugs are causing the most harm and concern today? What are
the most recent developments in drug prevention, treatment
and policy? These and other questions are explored by the EU
drugs agency (EMCDDA) in its annual overview of the European
drug situation.

The European Drug Report 2016: Trends and Developments,


provides a comprehensive analysis of the latest tendencies
across the 28 EU Member States, Turkey and Norway. In print
and pdf in 24 languages, the report examines: drug supply and
the market; drug use prevalence and trends; and drug-related
health problems and responses to them.

Read more: www.emcdda.europa.eu/edr2016

Music: Gondal, Free Town 303 (Creative Commons Licence,


http://creativecommons.org/licenses/b...).
https://www.youtube.com/watch?v=hFUVhGrAkRI
Irish National Focal Point to the European Monitoring Centre for Drugs
and Drug Addiction. (2016) Ireland: national report for 2015 legal
framework. Dublin: Health Research Board.
http://www.drugsandalcohol.ie/25263/1/NRLegal
%20framework.pdf
Results from fourth general population survey on illicit drug
use in Ireland.
Results from fourth general population survey on drug use
in Ireland
http://www.drugsandalcohol.ie/26697/1/Drugnet60_web_v
ersion.pdf
Introduction
Part 1 Crime Prevention
Part 2 Divisional Policing
Part 3 First Response
Part 4 Incident Recording
Part 5 Crime Management
Part 6 Investigating Crime
Part 7 The Victims Experience
Part 8 Intelligence Led Policing
Part 9 Investigation and Detention of Suspects
Part 10 Offender Management
Part 11 Detecting and Prosecuting Crime
Addendum to Crime Investigation Report: Guerin Report
Appendices

Examples of drug or alcohol related findings


P.36 Victims of crime who have consumed alcohol may be
sent away, with the onus on the victim to contact the
garda later if they want to report a crime; (see also p.337
& 351)
P.38 In other jurisdictions police services drug test people
arrested for specific crimes;
P.46 Divisions and districts have conducted audits of drug
cases and found large numbers of cases where drugs have
been seized and no proceedings have been taken; There
is no adult caution system for possession of drugs;
P.66 The Inspectorate recommends that the Garda
Sochna provides clarity about the crime investigation
role of divisional specialist units, such as drugs and other
tasking units, traffic units and community policing units.
(Medium term).
P.73 Develop a national drugs register to ensure consistent
inventory and data entry by all drugs units;
Consider mandatory drug testing of persons detained for
trigger offences including but not limited to burglary and
robbery;
P.77 The Inspectorate recommends that the Garda
Sochna engages key partner agencies to develop an
effective drug arrest referral scheme for those detained in
garda stations. (Medium term).
P.79 The Inspectorate recommends that the Department of
Justice and Equality convene a working group to consider
extending the legislation governing the adult cautioning
scheme to include possession of drugs and other suitable
offences. (Medium term).
P.93 Develop an early arrest referral scheme for those
prolific offenders who are drug users.
P.104 Whilst drug offences are not one of the main crimes
that feature in this report, the Inspectorate recognises that
many of the volume crimes committed are carried out by
those who may commit crime to fuel a drug habit. As part
of this report, the Inspectorate will specifically look at that
category of offender and identify opportunities to divert
them away from crime. The Inspectorate examined cases
of possession of drugs and the outcomes of those cases.
P.108 Develop a divisional approach for the deployment of
specialist units i.e. drugs units, traffic and community
policing;
P.118 & 119 Deployment of Garda in operational divisions
chart
P.177 Garda PULSE records can be changed by altering the
spelling of a persons name or a persons date of birth.
Many reasons for changing data were offered, including
that PULSE intelligence records cannot be deleted but can
be changed to remove the association of that intelligence
from an individual. Specific examples were provided when
young people are stopped and searched under the Misuse
of Drugs Act. The association of a young person stopped
by a drug unit, albeit if no drugs were found, will remain
on garda records. This can have serious connotations for
the persons records on the PULSE system.
P.184 Where a crime has taken place, but a victim refuses
to give a statement, it can be recorded in Attention and
Complaints; Most worrying, that cases of rape, where
victims have consumed alcohol, can be placed into this
category, until a victims statement is obtained.
P.187 Currently in Ireland, there is no provision under stop
and search powers to search people who may be in
possession of stolen property. Consequently, this results in
stop and searches being conducted under the Misuse of
Drugs Act legislation. The Inspectorate has received
negative feedback from within the Garda Sochna at all
ranks about the use of stop and search, and that in many
cases the power under the Misuse of Drugs Act is used in
the absence of other powers. When a search is conducted
under this legislation in Ireland, and no drugs are found, it
is still recorded on PULSE and classified as a search under
the Drugs Act. Each division has a drugs unit and further
inference is often drawn from searches conducted by
drugs unit members. If someone is stopped by the garda,
an inference might be drawn from the data recorded
arising from a previous search. Clearly, a person not found
with any stolen property or drugs should not be
stigmatised or otherwise disadvantaged in the future. The
Inspectorate is aware that the new Vetting Act will provide
some safeguards for what is and what is not disclosed in
the future.
P.236 Local Specialist Units - A number of local specialist
units operate in the divisions visited. All divisions outside
of the DMR and all districts within the DMR have dedicated
drugs units. These units conduct proactive operations
based on local intelligence and investigate crimes that
arise from their activity. The main focus of drugs units is
on more serious drug offences and they have a clear remit
to reduce drugs possession and the supply of drugs.4 In
some divisions, principally in the DMR, drug units are also
used on intelligence led operations aimed at targeting
prolific burglary offenders who commit crime to sustain
their drug addiction. The Inspectorate viewed these
deployments as good use of resources to tackle associated
crimes. Investigations by drugs units are not usually
allocated to them but are self generated, arising from
operations and arrests for drug offences.
P.399 Integrated offender management One of the key
aims of IOM is to break the cycle of persistent or prolific
offending, particularly where drug or alcohol addiction is a
factor in offending behaviour.
Drugs and Alcohol Ireland - Report of the
Garda Siochana ...
http://www.drugsandalcohol.ie/22967/1/GSI_Crime_Investigation_Full.pdf0.pdf

Garda reform
Mac LOCHLAINN CRITICISES
JUSTICE MINISTER OVER GARDA
REFORM
July 22, 2015
Sinn Fin TD and Justice Spokesperson Pdraig Mac
Lochlainn has said that the Minister for Justice,
Frances Fitzgerald, is missing the bigger picture
on Garda reform following her comments at the
MacGill Summer School yesterday.
Deputy Mac Lochlainn said: While I agree that the
structures of An Garda Sochna have undergone
significant changes in the past year, I dont think that
these changes have brought about the sort of reform that
is needed.
The Minister has failed to devolve the necessary
authority that the Garda require if they are to be an
independent, accountable and transparent force capable
of facing the challenges of modern day policing.
Any structural changes made to An Garda Sochna to
date have only paid lip service to reform and this will
continue to be the case for as long as such structures
remain centralised.
In addition to this, the delay in establishing the new
Policing Authority is unacceptable. The Garda Sochna
(Policing Authority and Miscellaneous Provisions) Bill
should have been brought before the Dil long ago in
order to allow for a proper debate on what such an
Authority should look like and what its functions should be.
Sinn Fins position remains the same. The independence
of the Authority, as currently outlined in the Bill, must be
strengthened and its functions expanded to include
holding the Garda Commissioner to account, in order for
the Authority to be effective.
The Minister should consider measures to address how
best to devolve authority to An Garda Sochna. This is the
only way to bring about the reform that is necessary.
Sinn Fin Justice Spokesperson, Deputy Pdraig
Mac Lochlainn has described the Garda
Inspectorate report into crime investigation as a
major milestone in Irish policing.
The Donegal TD called on the Minister for Justice, Frances
Fitzgerald to immediately establish a Criminal Justice
Service Group to implement the recommendations in the
report.
Deputy Mac Lochlainn said: The Garda Inspectorate is a
comprehensive and devastating critique of the systems
within An Garda Sochna. It is a major milestone in Irish
policing and reveals that our police service is simply not fit
for purpose based on international best practice.

The criticism in the report of the new Garda rosters, lack of


Garda vehicles and the loss of trained Garda to admin
duties are a particular embarrassment to this Government.
Their programme of cutbacks was labelled as
modernisation and smart policing. That spin has now
been exposed for all to see.
He concluded: The Garda Inspectorate has called on the
Government to establish a Criminal Justice Service Group
to implement the recommendations in the report. They
also again call for the establishment of a Criminal Justice
Working Group to implement the recommendations of
their previous report on the Fixed Charged Processing
System (penalty points). It is absolutely vital that the
Minister immediately establish both.
As the report points out, not only have the Irish people
been failed but also the majority of the decent men and
women of An Garda Sochna. We all deserve a modern, fit
for purpose policing service.

MCBREARTY CALLS FOR


GARDA POSTS TO BE
COMPLETELY INDEPENDENT

Cllr Frank McBrearty has called for Garda positions


such as Garda Commissioner, Minister for Justice
and the Garda Ombudsman to be completely
independent.

Cllr Frank McBrearty has called for Garda


posts to be completely independent
Independent Cllr McBrearty came to international
attention when he was the victim of Garda corruption.
In fact Cllr McBrearty could still be languishing in jail today
for a murder he did not commit if corrupt Gardai in
Donegal had got there way in the 90s.
The McBrearty family worked tirelessly to clear their name
and that eventually led to the Morris Tribunal into garda
corruption being formed in 2002.
Now McBrearty is demanding that reforms recommended
in the tribunal report are acted upon, on foot of allegations
made by Garda whistleblowers John Wilson and Maurice
McCabe.
McBrearty told Newstalk, Ive listened to Sinn Fin now
for months talking from both sides of their mouths.
Sinn Fin got the policing reforms they needed in Northern
Ireland and now Im asking them to fight for the reforms
needed in this country.
Im also calling on Fine Gael and Labour who helped my
family big time to come out and do what they know is
right.

Required reading today for anyone who cares


about decency in this country. Important work by
one of Ireland's best journalists

Garda Sochna (Confidential


Reporting of Corruption Or
Malpractice) Regulations
2007
http://www.irishstatutebook.ie/eli/2007/si/168/made/en/pdf
Sinn Fin and Brendan Howlin urge Garda
Commissioner to step aside
Sinn Fin's Jonathan OBrien has also called for Garda
Commissioner, Noirn O'Sullivan, to step aside.

The party's Justice Spokesperson has urged the Garda


Commissioner to step aside "without prejudice" during the
course of the Commission of Investigation into whistleblower
allegations.

Mr OBrien said: This is no reflection on Commissioner


OSullivan or a comment on the validity of the allegations, but
rather a statement on the need for there to be continued public
confidence in the operation of An Garda Sochana.

Morale has been at a low ebb in recent times in the service,


and the public are entitled to see the Garda acting in a
transparent and accountable manner.

For that reason, we are calling for the Garda Commissioner to


step aside, without prejudice to its outcome, for the duration of
the Commission of Investigation."
Update 6.30pm: Labour Party leader Brendan Howlin has
said that the Garda Commissioner Noirn O'Sullivan "must
now stand aside" while the Commission of Investigation
carries out its work.
In a statement, he said: "The Garda Commissioner heads a
policing service charged with protecting the security of the
State, preventing crime and vindicating the human rights of
each individual.
"Yet at the same time, and while still discharging these
onerous statutory responsibilities, Commissioner OSullivan
now faces a statutory investigation.
"In the course of this inquiry, the Commissioners mobile
phones and her phone records for a two-year period are to be
examined, as are all Garda electronic and paper files, to see if
she is implicated in this affair.
"Nirn OSullivan as Garda Commissioner is the custodian of
the very records that Judge Charleton will be demanding to
examine, in order to see if they disclose wrongdoing by the
Commissioner herself.
"I believe this places her in an untenable position."
He added: "The matters brought to my attention this morning,
from a source that I believe, required me to take action.
"I have long experience pursuing truth, particularly in the
justice sector. My experience in helping whistleblowers in this
sector dates back as far as the establishment of the Morris
Tribunal, and I do not lightly raise issues of the significance
that I raised today.
"I also crafted the whistleblowing legislation now in place, and
understand that it can be hard for whistleblowers to come
forward, especially when powerful institutions are involved.
"The truth of all of these matters will be determined by the
commission of investigation to be established. In the interim,
all members of the Oireachtas, both Government and
Opposition, have responsibility to ensure that the integrity of
an Garda Sochna is protected.
"As I have repeatedly said today, it is my view that the
reputation of the Garda would best be protected by
Commissioner OSullivan standing aside while the commission
carries out its work.

Update 6pm: The Garda Commissioner Noirn O'Sullivan has


refuted claims by Labour leader Brendan Howlin in the Dil
that he had been told that Ms O'Sullivan directly phoned
journalists in 2013 to make allegations of sexual crimes
against Sergeant McCabe.
Commissioner O'Sullivan has said that this is the first time she
has heard of Mr Howlin's allegations which she noted "with
surprise".
Ms O'Sullivan's statement said: "The Commissioner notes with
surprise the comments made by Deputy Brendan Howlin in
Dil Eireann on this date. The comments made under Dil
privilege relate to allegations of the most serious nature
against the Commissioner and other members of An Garda
Sochna. The Commissioner has no knowledge of the
matters referred to by Deputy Howlin and refutes in the
strongest terms the suggestion that she has engaged in the
conduct alleged against a serving member of An Garda
Sochna.
"This is the first occasion on which the Commissioner has
been made aware of the allegations made by Deputy Howlin
and to her knowledge no report having been made to the
Garda Siochna Ombudsman or elsewhere relating to the
specific allegations."
The Commissioner said she also noted that a Commission of
Investigation has been established.
Her statement said: "In view of the seriousness of the
allegations made by Deputy Howlin and that they refer to
conduct of the most damaging nature against a serving
member of An Garda Sochna the Commissioner is obliged
to take the unprecedented step of commenting publicly in
circumstances where the Terms of Reference of the
Commission have now been published.
"As previously stated, the Commission of Investigation will
receive the full cooperation of An Garda Sochna and will in
due course establish the truth of the matters together with all
relevant facts. In the interim the members of An Garda
Sochna affected by the remarks published today will receive
all necessary supports and assistance having regard to the
potential impact for the members concerned and their
families."
Earlier: The phone records of Garda Commissioner Noirn
O'Sullivan are to be examined as part of an investigation into
an alleged smear campaign against Garda whistleblower,
sergeant Maurice McCabe.
Phone records of former commissioner Martin Callinan and
those of Superintendent David Taylor, a former garda press
officer, will also be examined.
The full terms of reference for the Commission of Investigation
can be seen in a document at the bottom of this article.
Earlier Labour leader Brendan Howlin used Dil privilege to
say he had been told the current Commissioner, Noirn
O'Sullivan, directly phoned journalists in 2013 to make
allegations of sexual crimes against Sergeant McCabe.
The Charleton Commission is being established by the
Government to investigate the protected disclosure of
Superintendent David Taylor.
He claims he was instructed or directed by former
commissioner Martin Callinan and then deputy commissioner
Noirin O'Sullivan to brief the media negatively about Sergeant
McCabe.
Noirn O'Sullivan.

The O'Neill scoping inquiry, which recommends the


Commission of Investigation, says the allegations are wholly
denied, but are so serious that their truth or falsity must be
established.
The Commission of Investigation has now been tasking with
checking phone records of Martin Callinan, Noirin O'Sullivan
and Dave Taylor from July 2012 to the end of May 2014 as
well as all electronic and paper records held by Garda on Sgt
McCabe
It will also examine specifically whether Commissioner Noirin
O'Sullivan planned and orchestrated RTE news bulletins last
May which suggested a leaked commission report was
branding Sgt McCabe a "liar" and "irresponsible".
No timeline has been laid out for the Commission of
Investigation and it has discretion in relation to the scope of
investigation of the matters it considers necessary.
Earlier, the Irish Examiner's Mick Clifford explained the
background behind the current situation.
He explained: "Superintendent Dave Taylor was previously the
head of the Garda Press Office. He was suspended 21
months ago on the basis of an allegation of having passed
names to the media.
"He met Maurice McCabe for the first time last [year]. He
effectively confessed to Maurice McCabe that he had been
involved in a concerted effort to smear McCabe."
The two officers then made protected disclosures over the
claims.
Mr Clifford added: "I have to stress this is an allegation that
has not been proved yet... But the allegation that senior
management set about destroying the character of an officer
who was coming forward to highlight malpractice within the
force... I think it's about as serious as you can get."
http://www.breakingnews.ie/ireland/update-sinn-fein-and-brendan-howlin-urge-
garda-commissioner-to-step-aside-776207.html

Whistleblower-Commission-of-Investigation

https://assets.documentcloud.org/documents/3456960/Whistleblower-
Commission-of-Investigation.pdf

The Garda Inspectorate Report


Digested
Chompsky at 1:08 pm November 12, 2014

Interim Garda Commissioner Noirin OSullivan


(centre), with, from left, Cyril Dunne, Chief
Administrative Officer An Garda Siochana, and
Acting Commissioner Dublin Metropolitan Region
John Twomy at the Dublin Metropolitan Region
Area Office, Harcourt Square, Dublin yesterday.
Bodger has just finished the door
stopping Garda Inspectorate report on the
investigation of crime in Ireland.
Herewith Bodgers At A Glance guide:
More than 1,000 garda staff and members were
interviewed
Around 1,500 PULSE crime and incident records
were examined.
Some 158 calls for service, made by members of
the public, were randomly selected. All
information on the 158 calls was requested and
the full process of crime investigation over 12
months, from reporting, to recording, to
investigation, to prosecution was tracked.
44 of the 158 calls reviewed were not recorded
on PULSE.
Based on a sampling of 500 PULSE crime
records, the Inspectorate found 30%
to be incorrectly classified and insufficient
detail in 16% of cases to determine
if the classification was correct;
Of the 158 Volume Case Reviews, 114 were
recorded on PULSE, of which 90
were designated as a crime;
The Inspectorate disagreed with 32% of the
classifications shown on PULSE.
There was insufficient detail to make a
determination in 6% of cases;
Assaults had lower rates of correct
classification (38%);
Approximately 420,000 Review/Clarifications
issued to members by GISC staff
seeking further information, or in some cases
clarifying crime classification,
are outstanding;
8.5% of all crimes recorded on PULSE were
reclassified over seventeen month
period from January 2011 to May 2012;
Inspectorate selected eight crime categories
and examined 2,372 crimes
reclassified between January 2011 and May
2012 in the seven divisions visited;
Six of the eight categories significantly moved
to a lesser crime type;
In 83% of cases, reclassification resulted in a
crime moving to a less serious
offence;
The greatest percentage movement to a
lesser crime took place in the categories
of burglary, robbery and assault harm;
In focus groups with members, it was
highlighted that crimes are sometimes
reclassified incorrectly or changed to a non-
crime category;
PULSE records were viewed by the
Inspectorate in which garda had recorded
on PULSE that they had reclassified a crime as a
result of directions from a
supervisor;
The Inspectorate directly accessed the PULSE
system and sampled 393
reclassified incidents from live PULSE incident
records. A database was created
with detailed information from each record:
Inspectorate found 71% of crimes incorrectly
reclassified with insufficient
information to make a determination in 11% of
the cases;
No recorded rationale to explain the
reclassification in many cases;
In the majority of cases the initial
classification was correct;
There are approximately 700 untrained
detectives;
Some detectives investigated 100 crimes a year
and some less than ten crimes
per year;
In 43% of the cases that were investigated by
the garda, there were no updates
on PULSE in the twelve months following the
creation of the record;
Since 2005, approximately 5,000 garda have
joined the Garda Sochna and a
large majority of those garda have not received
any or appropriate interview
techniques training;
Only 45% of fingerprints were taken in 2012/13
for those detained in garda
stations who should have had fingerprints
taken;
In 2013, of all persons who should have had
fingerprints taken, 66% were not
taken
The Inspectorate requested detection data from
the Garda Sochna in the form of a PULSE
search of key volume crime areas in a three
month period in 2012 of the seven districts
visited:
Of 2,195 crimes reported, 946 were recorded
on PULSE as detected, resulting
in a detection rate of 43%; only 390 of the total
detections had a charge or a
summons attached to the PULSE incident. On
examination, the Inspectorates
view is the correct detection rate is 26%
Inspectorate examined 318 of the 556 PULSE
incidents where there was no
charge or summons recorded.

Garda Inspectorate Report


https://static.rasset.ie/documents/news/gardainspectorate.pdf

Why is a commissioner allowed stay on?


If it was another garda doing the harassment and false
reporting they would be suspended and charged like two
other whistleblowers are currently.
One rule for the connected ones as always.
Vile was the word used by Mr McGuinness to describe
the false stories being peddled about McCabe in 2014
when the politician met then Garda commissioner Martin
Callinan in a carpark.
What lengths did some elements within An Garda
Siochana go to in an attempt to assassinate his character?
Was there a campaign at the highest level of the force to
destroy this turbulent cop?
What form did any such campaign take?
http://www.irishexaminer.com//the-fallout-from-maurice-
mcc
http://www.irishexaminer.com//howlin-tells-dail-that-
repor

The fallout from Maurice McCabe case may cause


more damage yet
Terms of reference will be published today for a probe headed by
Judge Peter Charlton into an alleged smear campaign against garda
whistleblower Maurice
IRISHEXAMINER.COM
Garda smashes mans head through car window in
dramatic CCTV footage
https://www.thesun.ie//garda-smashes-mans-head-
through-ca/
Garda smashes man's head through car windscreen
in self defence in dramatic CCTV footage
A GARDA smashed a mans head through a car window in self-
defence after

THESUN.IE|BY THE IRISH SUN

Irish Gardai Killed My Child, Garda brutality -


YouTube
peter o connell shared a video
YOUTUBE.COM

Department of Injustice

Irish Gardai & The Minister of Justice involved in


the kidnapping of my child - YouTube
peter o connell shared a video
YOUTUBE.COM
NBCI Detective Brian Hanley N.B.C.I yet again exposed
Lies leaked to the media about murdered Dwayne Foster
so as to ruin this mans name, as they always do so as to
cover up his murder in garda custody
This is the same Detective Brian Hanley now a sergeant of
NBCI/pearce street that is framing innocent people and
whistleblowers , the same Brian Hanley that intimidates
and harasses witnesses into giving false statements.
The same Brian Hanley that was involved in the
death/murder of Dwayne Foster in garda custody.
They promoted Brian Hanley after this murder, to sergeant
, OMG
"Det Garda Hanley, NBCI told the inquest that at no stage
did he mistreat Foster nor did he see any members of the
Garda mistreat him." Liar is what hanley is and always will
be
"Det Sgt Brennan went to Foster and Det Garda Brian
Hanley went to Det Sgt Brennans assistance as Foster
was resisting and continued to struggle, said Det Garda
Hanly."

'Corrupt' gardai hid Gerry Ryan coke habit


Senior figures in the gardai and Department of Justice privately
believe that a small number of corrupt gardai in Dublin have
protected rich and public figures with drug habits, includi
WWW.INDEPENDENT.IE
Elizabeth Howlin in the dpps office exposed, the woman
that is happy to frame and destroy a young child and
innocent peoples lives .
Why was the Murder/Manslaughter involving Labour Liz
Howlin/dpps office all covered up by the media, the dpp's
office, the justice department and the office of corporate
enforcement?Why wasnt dpp Liz Howlins brother Eamonn
Howlin charged with Corporate Manslaughter by the dpps
office?
Why wasnt dpp Liz Howlins brother, Eamonn Howlin
named as the director and owner of the company by the
media and the court? why was he protected ? No more
Why wasnt dpp Liz Howlin and her relative TD Brendan
Howlin named and exposed as being related to Eamonn
Howlin by the media, courts and judge?
Note how Eamonn Howlin the other owner and director is
not named by the media below?
http://www.independent.ie//dive-firm-fined-over-salvage-
wo
https://www.irishtimes.com//diving-company-former-
director
Elizabeth Howlins home, had the diving company
registered to it and running from it all covered up by the
media and courts. 36 Carysfort Park, Blackrock, Phone
number 01 2756874
http://www.yelp.com/biz/north-east-diving-services-
blackrock
http://www.maritimejournal.com/d/north_east_diving_ser
vices
Elizabeth Howlin is still living at the same address in
Blackrock Co Dublin and her relative TD Brendan Howlin
made sure all the Howlin names, addresses did not get
mentioned in the media or courts when the manslaughter
case was being investigated, if this happened to anyone
else they would be destroyed by the media and charged
by the dpps office.
Serious cover up, lies and deception as is always, in cases
were justice departments top officials and elite are
involved. They only name, shame and frame innocent
people and people not politically connected, in the media
and courts, leaking peoples addresses and names so as to
destroy peoples reputation and lives.
Why was the Health and safety fine of 45,000 imposed
on Howlins company, which his insurance company paid
out, not given to the Byrne family, instead it went to the
Justice department, Liz Howlins department?
Elizabeth Howlin , frames and maliciously charges
innocent people on false trumped up charges by colluding
with corrupt senior gardai, while covering up for her
family, neighbours and friends criminality.
True Facts covered up:
Eamonn Howlin, 10 the Woodlands, Ballina, Co Mayo. ,
drives a silver Audi, plate number 07 MO 6314, married to
Historian, Sinead Mc Coole.
Eamonn Howlin was detained in garda custody for the
death of Damien Byrne and it was all covered up ?
Eamonn Howlin was never charged or even named in the
media
Eamonn Howlin is now a consultant and director with his
wife Mrs Sinead McCoole , for another diving company,
called Offshore Subsea Consultancy Services Limited and
two other companies. No mention of the
murder/manslaughter investigation of Damien Byrne
Eamonn Howlin has been arrested for cigarette smuggling.
Eamonn Howlin has been arrested for drunk and
disorderly.
Eamonn Howlin has been arrested for driving licence
offences.
Eamonn Howlin was a well-known supplier of drugs in
Rathmines years ago when he lived there. Eamonn Howlin
has never even been charged once, all covered up by the
corrupt justice system. Eamonn Howlin is director of a
number of companies now with no criminal convictions,
which would disqualify him from being a director
http://www.solocheck.ie//Offshore-Subsea-Consultancy-
Servi
https://twitter.com/sinead_mccoole?lang=en
http://www.sineadmccoole.com/biography.html
Do the people employing Eamonn Howlin from Mayo, for
diving jobs and other jobs know of his arrest in the death
of Damien Byrne? all information relating to Eamonn and
Liz Howlin gets removed from the internet and covered up
by the dpps office, the Howlins and the media, who Ms Liz
Howlin has a very close relationship with, especially the
Irish Times editor , Mr S Collins who lives near her in
Carysfort , Blackock and the Independent journalist, Paul
Williams the garda mouth piece who only writes what he is
told to write by these people in justice.
Why didnt the office of corporate enforcement and the
court/judge not restrict or disqualify Eamonn Howlin from
acting as a directed under the companies act for his
involvement in the death, that he and his company was
responsible for ? Cover up
Is this death of Damien Byrne recorded on the CRO
database as it should be in relation to Eamonn Howlins
new diving company, anyone else and it would be ? NO ,
its covered up
https://www.facebook.com/photo.php?
fbid=1630615707218219&set=t.1556012624&type=3&th
eater
https://www.facebook.com/TallaghtSaysNotoWaterMetering
/photos/a.299512860225813.1073741829.279194528924
313/486074311569666/?type=3&theater
The Byrne Family did not know nor was it disclosed that
DPP officer Liz Howlin was in the DPP's office when the
Howlin family were being investigated for manslaughter ?
http://www.solocheck.ie/Irish-
Dire/Howlin/Eamon/1131495856/
http://www.ccdni.com/director-eamon-howlin
https://www.duedil.com/director/908158110/eamon-howlin
http://www.solocheck.ie//North-East-Diving-Services-
Limite
http://www.cbetta.com/director/eamon-howlin
http://www.companydirectorcheck.com/eamon-howlin
https://www.irishtimes.com//diver-became-entangled-
inquest
http://rent-a-car.cmblog.ca/dive-firm-fined-over-salvage-
wo
http://www.emigrant.ie/index.php
http://www.breakingnews.ie//gardai-name-deceased-
diver-155
http://www.breakingnews.ie//diving-company-heavily-
fined-f
http://www.independent.ie//diver-24-dies-while-
salvaging-s
http://www.independent.ie//dive-firm-fined-over-salvage-
wo
http://www.ukcorporatelist.com/corp/665556.html
http://www.highbeam.com/doc/1P2-24856567.html
https://www.rte.ie/news/2006/1103/82150-diving/
http://rent-a-car.cmblog.ca/dive-firm-fined-over-salvage-
wo
http://www.emigrant.ie/index.php
http://www.breakingnews.ie//gardai-name-deceased-
diver-155
http://www.highbeam.com/doc/1G1-161329390.html
http://www.rte.ie/news/2006/1103/82150-diving/
A lot of Articles were removed by the howlins and are still
being removed to cover up their involvement in the
manslaughter of Damien Byrne
Liz Howlin was a part time worker for years in the dpp's
office until Brendan Howlin got into power, she then got
numerous promotions and on her last promotion she went
back working full time.
She went from having a salary of 80,000 before TD
Brendan Howlin got into power to a
massive salary OF 150,000 plus now, her salary doubled.
Brendan Howlin hides this information under the FOI?
Ms Elizabeth Howlin is a reformed cocaine user as is her
brother Eamonn, this is well known in the circles of
solicitors, barristers, police in Ireland, L.A and England
which is all covered up by the justice department. What is
a person in Ireland called that gets illegal firearms ?
terrorist , well this is what liz Howlin is, while high and
paranoid on cocaine she got illegal firearms . How many
people has she prosecuted for illegal firearms?
The Solicitors Company in England that Liz Howlin was let
go from, Linklaters and Paines London, she was told resign
with a reference or she would be sacked, this office all
knew about her drug habit and how she was not fit for the
job. She resigned and Brendan Howlin got her a handy Job
in the AG's office first, then she moved across to the Dpp's
office.
http://www.linklaters.com/ContactUs/Pages/London.aspx
Before Liz Howlin married another guy, she went out with
a man who was investigated for tax fraud and illegal
dumping. He owned a plastic bag/recycling company at
the time. This all happened when Liz Howlin was in a
relationship with him, again all covered up
Liz Howlins is very close friends with Patrica and Patrick
Martin, of Carysfort Park, Blackrock. The family whos
house was raided for drugs and were drugs were found.
Pat Martin also knocked down two young children in his
jeep and was never prosecuted?
https://web.archive.org//goodpoints/articles/d-ring-
block/
http://www.tirnasaor.com//too-hot-for-facebook-the-
truth-a
These political vindictive people in the dpps office need
exposing for their malicious charging of innocent people .
These vile and malicious people in this office are lying,
framing and charging innocent people every day in the
courts and are unaccountable. They are destroying and
hiding evidence in disclosure on a daily basis which proves
a persons innocence and allowing evidence that is
unlawful, unconstitutional and inadmissible in evidence.
https://www.irishtimes.com//man-can-sue-state-over-
alleged
http://www.independent.ie//garda-commissioner-and-
state-as
http://www.thejournal.ie/james-walsh-sue-state-malicious-
p/
The political run DPP's office is seemingly scared now in
case more people, Integrity Ireland etc take cases and
expose that office for what it is, political, corrupt and
protecting the elite and politically connected, like Eamonn
Howlin, Alan Shatter, who should have been charged with
failing to supply a blood/urine sample in a drink driving
case and leaving a checkpoint.
The dpps office hides evidence, colludes and conspires in
framing innocent people and whistleblowers along with
corrupt senior gardai and allows evidence into court
knowing that it is unlawful, inadmissible an
unconstitutional, because they seem to be untouchable.
A huge number of dpp solicitors and dpp civilian staff have
taken civil actions over the nepotism/cronyism and corrupt
practices in the dpps office, they are paid off and told to
keep their mouth closed. Most leave the dpps office as a
result of it. This is all covered up as is all the corruption
and collusion in that office.
https://www.facebook.com/photo.php?
fbid=947474495311953&set=a.109772255748852.12631
.100001482346583&type=3&theater
https://dugupmore.wordpress.com/articles/d-ring-block/
https://www.facebook.com/photo.php?
fbid=1630615707218219&set=a.1391724964440629.107
3741827.100008094157516&type=3
https://www.facebook.com/photo.php?
fbid=695848083885897&set=a.170303739773670.42111
.100003821346373&type=3&theater
There is serious criminal corruption and cronyism between
the DPPs office/senior gardai and private
solicitors/barristers. No solicitor/barrister who works for
the DPPs office should be allowed work privately for the
defence. They work for both the prosecution and the
defence, this is a SERIOUS CONFLICT of interest depriving
people of proper justice and has to stop. The barristers,
SC, are being paid off by the dpps office, by giving them
high paying profiled cases, so they are a no show for the
defence in their cases, its being exposed. This is
corruption and collusion by the dpps office, bar, and law
society. We need an impartial, non-solicitor /barrister
based body set up to deal with very serious complaints
about the dpps office, barristers and solicitors.
http://www.fairsociety.ie/no-justice-in-ireland-just-kanga/
As a group we got together and employed a private
investigator to investigate the Howlin family after we had
been informed that Ms Elizabeth Howlin was a cocaine
abuser and a terrorist who is carrying out malicious
prosecutions on behave of the Labour and Fine Gael
Government on the people of Ireland. A number of
solicitors, barristers, neighbours and people that know the
Howlins have confirmed all the above information is truth.
Thanks to social media also more and more people are
exposing more information about Liz Howlin, videos and
pictures of her taking cocaine have been obtained and
much more, by a large group of people. Thanks to all for
the information.
We felt this needed to be out in the open, if this was your
brother, father, son, cousin, friend and this cover up
happened to him you would want the world to know about
it and the people involved exposed, especially when
Brendan Howlin had the cheek to get his ex-Labour friend
who he got appointed as Mayor of Wexford, to deny in the
papers that Liz Howlin in the dpps office was related to
him, this really says it all, he is a pathological liar and will
stoop to any lengths to cover up how corrupt the Howlins
are.
This below explains a lot, where Liz Howlin and the dpps
office is concerned
February 4, 2007: John Mooney reports in The Sunday
Times that charges against Boylan, in relation to the
1.7million drugs haul, were struck out in June 2006
because the DPP failed to give detectives from the Garda
National Drugs Unit any direction in the case.
https://wayback.archive.org//2014/02/24/the-thin-blue-
tim/
Senior figures in the gardai and Department of Justice
privately believe that a small number of corrupt gardai in
Dublin have protected rich and public figures with drug
habits (Liz Howlin)
http://www.independent.ie//corrupt-gardai-hid-gerry-
ryan-c
Web pages and facebook pages are being taken down for
exposing the truth about the Howlins, the dpps office and
the justice department and its cover ups of politically
connected people in government and justice departments.
As the saying goes, people in glass houses should not
throw stones, well this most certainly is the case here.
Keep the truth coming out and alive for the sake of
justice , something that does not exist in Ireland.

EXCLUSIVE: Political DPP (Liars) wont prosecute another


vile pervert garda .
Any public sector worker can be charged with Misconduct
in public office is an offence at common law and carries a
maximum sentence of life imprisonment. It is an offence
confined to those who are public office holders and is
committed when the office holder acts (or fails to act) in a
way that constitutes a breach of the duties of that office.
Does the dpps office think we are all thick. Covering up
murderers and sex offenders that have connection to
government and their own relatives and friends as we
know
The letter continues: This matter has now been brought
to a conclusion as far as the Garda Siochana, the Director
of Public Prosecutions and the Commissioner of An Garda
Siochana are concerned.
Garda sent sex video to woman 'three days after talking
her out of jumping off bridge'
A garda who sent a video of himself performing a sex act
to a woman "three days after he talked her out of jumping
off a bridge" was not prosecuted because of a shortcoming
in the law.
http://www.independent.ie//garda-sent-sex-video-to-
woman-t
This is what garda in NBCI harcourt street and other
stations do, smear , lie, frame and destroy peoples good
name so they wont be believed, they do it to every
whistleblower and person they want to frame, they get the
media to leak lies before any charges are brought
"The failure in conduct of gardai after the killing, in
smearing Seamus Ludlow's name, must rank among one
of the more shameful episodes that could be laid at the
door of the state," he said.
"It is not just in the interest of the Ludlow family to look at
this, but it is in the interests of every citizen to examine
this closely."
A parliamentary committee in Dublin recommended more
than 10 years ago that two commissions of investigation
be held into the murder and subsequent events, after an
official judge-led report damned the original botched
Garda probe.
http://www.independent.ie//murdered-seamus-ludlows-
smearin
Tuesday, January 31, 2017
Cover up of rape by the dpps office again
Ms Ilnickas request comes after files prepared separately
by both the garda and GSOC into her case were returned
from the DPP with a direction that no prosecutions would
follow.
In September last year, Ms Ilnicka was informed by the
garda of the DPPs decision in relation to how her case
had been handled. Two weeks ago, GSOC informed her
that the DPP was not proceeding either in prosecuting the
garda involved.

Anna Ilnicka, whose case first appeared in the Irish


Examiner in 2015, wants an inquiry to examine why the
garda and the health services failed to properly
investigate the crimes committed against her after a
garda officer rescued her from the house where she was
being assaulted.
Ms Ilnickas request comes after files prepared separately
by both the garda and GSOC into her case were returned
from the DPP with a direction that no prosecutions would
follow.
Ms Ilnickas letter, addressed also to most members of the
Dil, says that an inquiry is required to get to the truth.
Such an inquiry is needed to investigate my allegations of
negligence and reckless disregard of basic requirements in
dealing with my complaints of rape, sexual and physical
assault, she wrote.
Furthermore, separate offences by a member of An Garda
Siochana of long-term abuse followed the original assaults
upon me and these incidents occurred in [the West]
between September 2006 and April 2011.
Her case dates from April 2006, when she was brought to
a town in the west of Ireland on the promise of work and
ended up being assaulted over a weekend.
Contemporaneous medical notes from the time confirm
her allegation, but despite relating her claims in a hospital
she was never medically examined.
Neither was her assailant arrested, and a garda
investigation only began after a friend of hers contacted
garda days after the incident.
She was not examined as a victim of sexual assault,
despite her allegations and the fact that she presented
with very obvious and severe physical injuries.
Neither the medical staff nor the garda pursued the
matter thereafter. The incident was treated as one of
domestic violence, despite the fact Ms Ilnicka hardly knew
her assailant and was not in a relationship with him.
Some months after the assault, Ms Ilnicka was befriended
by a garda whom, she claims, also sexually abused her.
In the course of a subsequent investigation it emerged
that the garda in question has been the subject of an
entirely unrelated previous allegation of sexual abuse
some years previously.
After the Irish Examiner published her story, the Minister
for Justice Frances Fitzgerald ordered a garda
investigation.
In September last year, Ms Ilnicka was informed by the
garda of the DPPs decision in relation to how her case
had been handled. Two weeks ago, GSOC informed her
that the DPP was not proceeding either in prosecuting the
garda involved.
In light of those decisions, Ms Ilnicka has requested a
statutory inquiry to find out what exactly happened
http://www.irishexaminer.com/ireland/woman-wants-inquiry-into-
rape-claims-441541.html

A detective in charge of the


investigation into the shooting of
dissident republican Peter Butterly
has denied the suggestion that he
"deliberately concealed" from defence
lawyers information about how a man
originally accused of the alleged
murder turned prosecution witness.

Mr Butterly (35) was shot dead outside The Huntsman Inn,


Gormanstown, Co Meath on March 6th, 2013.
Edward McGrath (35), of Land Dale Lawns, Springfield,
Tallaght and Sharif Kelly (46), of Pinewood Green Road,
Balbriggan have pleaded not guilty at the Special Criminal
Court to the alleged murder.
Mr McGrath has also pleaded not guilty to firearms
offences on the same occasion.
More evidence of the collusion, corruption, perjury and
framing of people by the dpps office and senior gardai
Mr 'Lideadha has suggested to the court that Cullen and
the DPP had made a deal to drop the murder charge
before the witness gave his statement to gardai.
He said that Det Supt Martin had adopted a position to
"give the impression no deal was done".
More evidence of the collusion, corruption, perjury and
framing of people by the dpps office and senior gardai in-
dissident-shooting

A third accused, Dean Evans (24), of Grange Park Rise,


Raheny, Dublin, failed to turn up for the trial, and has not
been located by the gardai. The non-jury court decided to
proceed with his two co-accused in Mr Evanss absence.
The men's barristers are challenging the admissibility of
the evidence of state witness David Cullen, who was also
originally accused of the murder.
Today, Giollaosa 'Lideadha SC, defending Mr Kelly,
continued his cross-examination of Detective
Superintendent Alf Martin, senior officer in charge of the
murder investigation.
Mr 'Lideadha has suggested to the court that Cullen and
the DPP had made a deal to drop the murder charge
before the witness gave his statement to gardai.
He said that a "significant part" of the case is that during
the first trial the court was not given the truth.
"What occurred in the last trial is a matter upon which this
court must have grave concerns," the barrister added.
He said that Det Supt Martin had adopted a position to
"give the impression no deal was done".
Mr O'Lideadha referred to a phonecall between Cullen's
solicitor and Det Supt Martin on June 24th, 2014, during
which the solicitor took notes.
The barrister asked was it possible that a reference in the
notes to a murder charge being dropped could have
derived from the phonecall.
The detective said that this was "possible".
Mr O'Lideadha suggested that the content of the notes
arose from the detective "intentionally conveying
information of that kind".
Det Supt Martin said that this was "not intentional".
"You consistently use the word deal," the det supt said. "I
have consistently said there was no deal."
The det supt denied Mr O'Lideadha's suggestion that he
had deliberately withheld crucial information about how
Cullen had transformed from an accused man into a
witness.
John Gilligan, former chief superintendent in charge of the
Witness Protection Program, told Alex Owens SC,
prosecuting, that on June 25th, 2014, he was made aware
of Cullen's potential application to enter the program.
The information was provided by Det Supt Martin, the
court heard, that Cullen wanted to come forward and give
evidence in relation to murder of Peter Butterly.
The court heard that the former chief supt met with Det
Supt Martin, and other gardai, on June 26th, to discuss
the application.
Mr Gilligan said that after the meeting he spoke with the
governor of Portlaoise Prison and asked him to make
arrangements to transfer Cullen to a different prison for his
safety and where he could make a statement for the
gardai.
The first trial began in September, 2014, when Cullen's
application was still ongoing, the court heard.
Under cross-examination, Mr Gilligan told Mr O'Lideadha
that at the first trial he told the court he had no
expectations the gardai would go to Cullen with any
offers.
Referring to the meeting on June 25th, the barrister asked
if anything was said about the decision to drop the murder
charge.
"I can't recall," the former chief supt said. "I think there
was mention that he [Cullen] was willing to plead guilty to
another charge."
The evidence was heard as part of a voir dire or trial
within a trial, and will help the court's three judges to
decide on the admissibility of Cullen's evidence.
The trial continues before the non-jury court, with Mr
Justice Tony Hunt presiding.
Cold-case unit faces scrutiny over
financial irregularities
Mark Tighe
January 29 2017, 12:01am,
The Sunday Times

A whistleblower alerted garda authorities to potential breaches


PHOTOCALL IRELAND

Gardai have sent a file to the director of public


prosecutions (DPP) following an investigation into
alleged financial irregularities in its cold-case
investigations unit.
Details of the investigation have emerged after a
freedom of information (FOI) request revealed that
the garda internal audit team had completed a
report entitled Examination of Systems of Controls,
Processes and Procedures of the Serious Crime
Review Team (SCRT).
The SCRT, more commonly known as the cold-case
unit, is the squad responsible for investigating
historic crimes. Many of its ongoing investigations
are into high-profile, unresolved murders.
The garda audit followed allegations by a
whistleblower of abuse by gardai of the overtime,
expenses and subsistence system.
The gardai came under FOI for the first time in
2014. However, the act limits
Case written in English paper, the garda mouth piece Paul
Williams or anyone in the Indo, Herald or Irish Times wont
tell the truth, instead they report the lies they are told to
write
Corrupt Gardai in NBCI who frame people and
whistleblowers who call themselves under different
names, here they call themselves the cold case unit have
been investigated for fraud by themselves for the past 6
years after a whistleblower reported them .
And the political run dpp's office who are their best
friends, we know what will happen here, another cover up

http://www.thetimes.co.uk/edition/ireland/cold-case-unit-
faces-scrutiny-over-financial-irregularities-9q9d0zc80
DPP wont prosecute senior political garda for rape and the
job fines him just 5,000 , unreal
The Deputy will appreciate that any member of An Garda
Sochna who is the subject of any allegation is entitled to
due process, as is any person against whom allegations,
serious or otherwise, are made. This only applies to
politically appointed senior gardai anyone else is named
and shamed by leaks from corrupt guards.
http://www.limerickleader.ie//limerick-garda-fined-5-000-
o

Another Garda whistleblowing incident has been reported


to Tnaiste and Minister for Justice Frances Fitzgerald, this
one related to the alleged doctoring of a witness
statement in an assault case, the Dil has been told.
Independents4Change TD Mick Wallace claimed that only
last week the Minister received a letter from a
whistleblower regarding a witness statement in an assault
case being doctored by garda.
http://www.irishtimes.com//mick-wallace-cites-claim-
garda%

Criminal investigations were undertaken in 39 cases but in


just one case the Director of Public Prosecutions directed
that a trial would take place. The Garda Ombudsman
investigated 70 alleged sex offences carried out by gardai
over a six-year period but a prosecution was directed in
just one case,
It has emerged that a senior officer charged with leading
the investigation into the rape claims had previously been
in a relationship with the woman involved. The senior
officer was married and, despite the relationship with the
single woman at the centre of the rape claim, did not
excuse himself from the investigation.
http://www.independent.ie//ombudsman-investigates-70-
sex-c

Orwellian Ireland Jan 11th 2017


https://www.youtube.com/watch?v=R7WkQ1VMpuU

Misconduct May 2016


Jun 1, 2016
https://www.youtube.com/watch?v=lOGY6LR-fRE
Victims of government and the judiciary
Another Shambolic Display June 2016
un 1, 2016
This is what happens when you try to assert your statutory
rights in an Irish Court.. and the 3rd time this particular Judge
has pulled some contrivance to avoid delivering justice..
https://www.youtube.com/watch?v=azLpoRLW5dk
http://www.thetimes.co.uk//garda-misuse-of-public-
money-ex

Garda misuse of public money exposed in audit


AN AUDIT of the Garda College in Templemore has uncovered
serious financial irregularities, including gardai spending public
money on entertainment, gifts and presentations to colleagues,
and...
THETIMES.CO.UK

Morris Report: Garda


corruption rampant
throughout the state
BY Aran Foley
4 August 2006 Edition

Judge staggered by
Garda corruption
Last week saw the publication of the third, fourth and fifth
reports of the Morris Tribunal investigating allegations of
serious Garda corruption in Donegal.
The three reports covered the arrest of Mark McConnell and
Michael Peoples on charges of intimidating Bernard Conlon, a
Garda informer. Conlon had been instructed previously by his
Garda handlers to be in McBrearty's pub in Raphoe with a drink
in his hand after closing time in order that the Garda could
prosecute Michael McBrearty for serving after hours.
The alleged threat relates to a bomb attack on a
telecommunications mast in Ardara in which the tribunal found
members of the Garda were involved, in order to pressurise
anti-mast campaigners, and the planting of a firearm at a
Travellers' encampment in Burnfoot. Although disgraced former
Detective Sergeant White was central to these allegations the
tribunal pointedly remarked that the problems with the Garda
went beyond the Donegal division.
GRA arrogance
Justice Morris said he had been "staggered" by the amount of
indiscipline he had uncovered within the force and that his
overall findings had left him "stunned".
In a outrageous display of arrogance the Garda Representative
Association (GRA) stood by their man, defending White and
attacking the tribunal for having gone beyond its remit.
Ominously they welcomed the new code of conduct which
Justice Minister Michael McDowell has presented as the most
radical reform of the Garda since the foundation of the state.
One GRA source was quoted in the Sunday Business Post as
saying, "McDowell is making this sound like a big new
crackdown, but that is not the case," adding contemptuously:
"He just wants to lead the guards because he can't lead the
PDs."
Speaking on the day the reports were published Sinn Fin
Justice spokesperson Aengus Snodaigh TD said: "Sinn Fin
has long argued that Garda corruption is not a problem
confined solely to Donegal and that in fact it is rampant
throughout the 26 Counties. Today's reports from the Morris
Tribunal reinforce our analysis of the situation and highlight the
need for investigations into corruption in other divisions. I
would call on Minister McDowell to initiate those investigations
as soon as possible."
Snodaigh called for a Garda Ombudsman similar to Nuala
O'Loan's office in the Six Counties, and crucially, with the
power to act retrospectively to address past wrongdoing.
The TD went on to say that the findings that insubordination
and ill-discipline are rife within the force come as no surprise to
many people including republicans. The fact that senior
management could permit this under their noses shows that
corruption goes all the way to the top. If this culture of
corruption is to be rooted out of the Garda then people must
be held to account including those right at the very top.
Proposed reforms did not go far enough, he said.
Carty investigation a "whitewash"
Although there was an implicit criticism of the Carty report -
the initial Garda investigation into allegations against members
of the Garda in Donegal - in that it failed to identify credibility
problems with Bernard Conlon that could have prevented the
arrest of Peoples and McConnell, the tribunal itself has
declared Carty beyond its remit.
Speaking on RT television on the day the reports were
unveiled Michael McBrearty junior, a victim of Garda corruption
in Donegal declared that he had access to the Carty report and
that it had been an attempted whitewash which proves
complicity in wrongdoing in the highest echelons of the force.
The Garda are still refusing to release the Carty report.
http://www.anphoblacht.com/contents/15657

Very important, where corrupt gardai and the dpps office


are getting so called experts, to give false and libel
evidence framing innocent people at their request. This is
really needed.
It also said it should be possible to sue expert witnesses
where they are found to have given evidence in a "grossly
negligent manner".
The suggestions are part of a new report on reforms to the
laws on evidence.
http://www.breakingnews.ie//law-reform-commission-
says-it-
Law Reform Commission says it should be possible
to sue 'negligent' expert witnesses
The Law Reform Commission has said expert witnesses should lose
their immunity from being sued.
BREAKINGNEWS.IE
He is also understood to have asked for an assurance that
his constitutional rights would be protected and any fees
incurred responding to the allegations would be covered
by the State.
http://www.independent.ie//garda-chief-claims-she-was-
excl

Garda chief claims she was 'excluded' by senior


colleagues
Garda Commissioner Noirin O'Sullivan has told the investigation into
claims of a smear campaign against whistleblower Maurice McCabe
that she was also
INDEPENDENT.IE
http://www.independent.ie//garda-chief-claims-she-was-
excl

Taoiseach and Tnaiste


'knew about Zappone's
meeting with
whistleblower - but did
not know about Tusla
blunder'
'Zappone of course did not inform me
about any details in relation to
confidential Tusla records' - Tnaiste
Kevin Doyle and Niall O'Connor
PUBLISHED
10/02/2017

Taoiseach Enda Kenny and Tnaiste Frances Fitzgerald Picture:


Collins
The Taoiseach and Tnaiste knew about a
meeting between Childrens Minister
Katherine Zappone and garda whistleblower
Maurice McCabe but insist they were not
aware that Tusla held an inaccurate file on
Sgt McCabe.
In a statement this evening, Tnaiste Frances Fitzgerald
said she knew that her colleague, Childrens Minister
Katherine Zappone, planned to meet with Mr McCabe
but added: She of course did not inform me about any
details in relation to confidential Tusla records.
It came after Ms Zappone issued a statement stating she
informed relevant Government colleagues of the copy
and paste blunder involving Sergeant McCabe.
The minister, who is currently in the United States, has
refused to say who those government colleagues are.
There has been widespread shock after it emerged a false
file containing allegations of child sexual abuse remained
on the TUSLA database for almost two years - without the
knowledge of the McCabe family.
Ms Fitzgerald has now said that she was informed me in
January that Ms Zappone intended to meet with Sgt
McCabe.

Childrens Minister Katherine Zappone. Photo: Tom Burke


She of course did not inform me about any details in
relation to confidential Tusla records, Ms Fitzgerald said.
An inquiry is being set up by the Government into an
alleged smear campaign against Sgt McCabe.
Whistleblower Maurice McCabe outside Leinster House in 2014
Photo: Tom Burke
The Terms of Reference of the proposed Commission put
before the Oireachtas by me refer specifically to a
complaint of criminal misconduct against Sgt McCabe and
whether this allegation was used against him, the
Tnaiste said.
I have always been scrupulous to avoid any comment in
the Dil on what was at issue in the criminal complaint
against Sgt. McCabe, referred to in the terms of reference.
Sergeant Maurice McCabe Photo: Tom Burke
Had I put into the public domain anything which
indicated or implied the nature of the complaint against
Sgt McCabe I would be rightly open to criticism, the
Tnaiste said.
She added: At the heart of the issues to be examined by
the Commission is whether
senior Garda were involved in a campaign to use
information to damage Sgt McCabe.
I agreed to take on board amendments designed to put
beyond doubt that the examination of any smear campaign
would not be confined.
They are Lying to Their Teeth they knew 6 months Ago
Lying bastard get The fuck Out now, You Filthy Corrupt
FG Bastards
No not yet they need another "unexpected" revelation then in mock
indignation claim fg lied to them by withholding evidence then pull
the plug in "disgust" but they need fg in so deep they destroy
themselves turning on each other trying to get out of the FF
trap...and FF pick up a lot of the fg seats in the resulting election
..it's been the FF plan since the formation of this sham government
I smell the ice cracking and FF circling on sharp skates ... All we
need now is Trump to kick him around the oval office
http://www.independent.ie/irish-news/taoiseach-and-tnaiste-knew-
about-zappones-meeting-with-whistleblower-but-did-not-know-
about-tusla-blunder-35440910.html

Commissioner
accused of 'sex
crime' smear on
whistleblower
February 10, 17

Irish Independent
Garda Commissioner Noirin O'Sullivan.
The Dil has been rocked by allegations that
Garda Commissioner Nirn O'Sullivan sought
to link Garda whistleblower Maurice McCabe
to sex crimes.
The claims by former minister and Labour
Party leader Brendan Howlin provoked a
furious response from the commissioner, who
was last night clinging on to her position in
An Garda Sochna.
Mr Howlin stunned TDs after claiming he
received information from a journalist who
claimed to have direct knowledge of
Commissioner O'Sullivan contacting a
number of other journalists in 2013 and 2014
to allege that Sgt McCabe was involved in
"sexual crimes".
The allegations were put on the Dil record
by the Labour leader just hours before the
publication of a report by retired High Court
judge Iarfhlaith O'Neill, who has spent several
months probing the alleged smear campaign
by Garda management against Sgt McCabe.
This report centred around allegations made
by Superintendent David Taylor, who claims
that he was directed by former Garda
Commissioner Martin Callinan and successor
Nirn O'Sullivan to destroy Sgt McCabe's
character.
Mr Justice O'Neill has now provided an
explosive terms of reference to Supreme
Court Judge Peter Charleton (inset), who will
now lead a wider Commission of
Investigation.
Former Garda press officer Supt Taylor has
claimed that he was told to brief the media
that Sgt McCabe was "motivated by
maliciousness and revenge".
But in a dramatic development last night, it
also emerged that Mr Justice Charleton has
also been tasked to establish Supt Taylor's
claims that he was "directed" to draw
journalists' attention to an "allegation of
criminal misconduct made against Sgt
McCabe".
Mr Justice Charleton will examine nine issues
including whether Commissioner O'Sullivan
knew about a smear campaign against Sgt
McCabe, or if she played any part in directing
it.
The Charleton Commission will also examine
over two years of telephone contact between
Commissioner O'Sullivan, Mr Callinan and
Supt Taylor.
Reporting by RT will also be examined, while
a secret meeting held between former Public
Accounts Committee (PAC) chairman John
McGuinness and Mr Callinan is also part of
the terms of reference.
Just hours before the document was
published in redacted form by Tnaiste
Frances Fitzgerald, Mr Howlin went a step
further and claimed Sgt McCabe was linked
to sex crimes by the commissioner.
He called on her to stand aside pending the
outcome of the investigation. Mr Howlin said
in any other walk of life a person in such a
situation would have to go on "administrative
leave".
Hours later, Commissioner O'Sullivan
released a statement in which she
vehemently disputed Mr Howlin's claims.
"The commissioner has no knowledge of the
matters referred to by Deputy Howlin and
refutes in the strongest terms the suggestion
that she has engaged in the conduct alleged
against a serving member of An Garda
Sochna," Commissioner O'Sullivan's
statement said.
"This is the first occasion on which the
commissioner has been made aware of the
allegations made by Deputy Howlin and to
her knowledge no report having been made
to the Garda Siochna Ombudsman or
elsewhere relating to the specific
allegations," it added.
While both Sinn Fin and the Labour Party
have called for Commissioner O'Sullivan to
step aside pending the outcome of the
Charleton Commission, Fianna Fil pointedly
is backing the commissioner until its
completion in nine months' time.
However, senior Fianna Fil figures say they
remain deeply uneasy about Commissioner
O'Sullivan remaining in situ, with one source
saying the party may change its position if
further controversies develop.
https://www.msn.com/en-ie/news/national/commissioner-accused-of-
sex-crime-smear-on-whistleblower/ar-AAmKrbx
Off-duty garda guilty
of assaulting two
women
Updated / Friday, 10 Feb 2017 19:59

A decision has not yet been made on sentencing


This is the actual article body
A 34-year-old off-duty garda has been convicted of
assaulting two women in Nenagh on 6 March last
year.
Brian Hanrahan of Dublin Road, Nenagh, had denied
assaulting the two women after they gave him a lift in
the early hours of that morning.
Evidence has already been heard in the case in
which the two women, Emer Kelly and Aisling King,
offered to give him a lift home for a fee of 15.
A row developed in the car and they asked him to get
out.
When Ms Kelly asked him for the fee, he pulled her
hair and punched and kicked her six to eight times.
Ms King, who was the driver of the car, also said she
was hit in the face when she went to help her friend.
Hanrahan claimed he was trying to defend himself
against assault from the two women and said the last
thing he wanted was to be involved in an altercation
four months after he was shot during a robbery in the
US.
Giving her decision today, Judge Elizabeth McGrath
said having heard the evidence, she was satisfied
that Hanrahan was guilty of the two charges of
assault and that his account of the assault and his
own version of events were not accurate.
She also considered she could not accept that the
three female witnesses involved had lied in their
evidence.
The judge has yet to make a decision on sentencing.
http://www.rte.ie/news/2017/0210/851728-brian-hanrahan/
If only our "Guardians of the Peace" were of such calibre
throughout then maybe we would have a force to be proud
of,
Somebody Has Got To Go To Jail
Over This
Bodger at 3:31 pm February 10, 2017

Former Garda whistleblower John Wilson


This morning.
Former Garda John Wilson who along with Sgt
Maurice McCabe made the public aware of
how penalty points were being quashed for
certain people in Ireland, was interviewed by Joe
Finnegan on Shannonside radio station.
They discussed last nights Prime Time show
and what Sgt Maurice McCabe has been
through.
During the interview, Mr Wilson was audibly
tearful.
Joe Finnegan: John, good morning to you.
John Wilson: Good morning, Joe.
Finnegan: Thank you for taking the call. Already
today, I know, you have described this saga if I
can call it that, as the worst scandal in the
history of our republic.
Wilson: Yes, Joe, without doubt. Ive been away
a long time from these issues. But, watching
Prime Time last night, I was truly shocked and I
see myself as someone whos not easily
shocked. And we have to take into consideration
here, that were dealing with a human being, a
wonderful individual who has, you know, he is a
very, very quiet, decent man. And, you know,
putting petrol in a diesel car, Joe, is a mistake.
But this appalling vista can not be classified as
just a mistake. I believe that there are dirty
Garda fingerprints all over this scandal and I
think that the way Maurice McCabe has being
treated, its criminal.
Were very short, Joe, in this country, of
accountability. Weve lots of inquiries and
commissions of investigations but nobody has
ever, as far as Im concerned, has ever been
held accountable and thats got to change now.
When Martin Callinan departed the scene, I
called for an outsider to be brought in as
commissioner, the day after he left and, of
course, that didnt happen. And we were left
with the same tune being played by a different
orchestra and I am absolutely, I am gutted, I
thought I was beyond shockable but seeing that
programme last night and knowing the distress
that these false and malicious allegations have
done to that man. Hes a very, very quiet,
dignified, decent man..
Finnegan: All right
Talk over each other
Finnegan: I just want to stop you there because
I want to try and humanise this, if I can at all.
We all know the details and the shocking,
shocking details which were revealed last night.
But, you know, every time I see Maurice
McCabe on the television, its the same for all
our listeners this morning, we see a guy with a
rucksack, dashing into Leinster House, we see a
guy in uniform, running away from a posse of
cameras. John, tell me about the Maurice
McCabe that you know.
Wilson: Well, Joe, Im not Maurice McCabes
spokesperson. As a human being, I first met him
in 2002 when I was transferred to Clones. And, I
wont go into the full issues, I mean I arrived
there under a cloud, again through malicious
gossip from Garda management. And I found
Maurice to be a decent, professional individual.
He treated everybody with respect. If you were
the richest man in the town or the poorest man
in the town, he had the same time for you. And
he treated you with the same respect. He
treated everybody with dignity, as he still does.
He has two passions in his life, Joe. His family
and cars and thats it. Hes a very, very decent
individual. Im very, very upset, Joe, naturally,
but the toll this has taken on the man and he
has remained dignified throughout youve
seen it before. He went before the PAC and, as
you say, youve seen him, hes the man with the
satchel on his back
But these individuals, many of them who
should be in jail, have destroyed his life. And
they have, I have no doubt, they have reduced
his life expectancy. Hes a very, very decent. I
cannotI mean, the Irish public, Joe, and the
Garda Commissioner should be proud that a
person of his calibre, as a member of our
national police force.
Finnegan: May I ask John have you been talking
to him in the last number of hours?
Wilson: No, Joe, I was speaking to him
yesterday. I havent been speaking to him today.
But, as I said, even though I was aware of these
serious allegations watching Prime Time last
night, I thought I was beyond shockable but I
think its the most shocking programme that
has appeared on Prime Time television in this
country, since RTE was established. And thats
saying something. And weve been through, and
the public are aware of many scandals down
through the years. I think, this is, you know
what I mean, this is, as far as Im concerned, Im
cognisant Im on live radio but theres been a
criminal conspiracy to destroy this man, to
destroy a life, his credibility, his reputation. If
you havent got your reputation and your
credibitility, Joe, youve got nothing.
And to label somebody a paedophile, theres
nothing lower, theres nothing lower, Joe. And
you know, Joe, that when someone is accused of
being a paedophile or of child sex abuse, theres
always someone in the corner ah, yeah, ah the
report has vindicated him, ah yeah, ah yeah,
they all say hes innocent, but theres no smoke
without fire.
They have destroyed the man. This is
unforgivable and somebody has got to go to jail
over this, Joe. Its not good enough having a
Commission of Investigation. Somebody has got
to end up in prison over this. Or more than one
individual. I can assure you. And it is, you know
what I mean, criminals know who they are. But I
can tell you, Joe, there are lots of criminals in this
country wearing uniforms and pretending to be
guardians of the peace. And I think its time the
Irish people started shouting and screaming no
more, no more. We want a police service that we
can be proud of.
http://www.broadsheet.ie/2017/02/10/somebody-has-
got-to-go-to-jail-over-this/

Pasted In Error
Bodger at 10:49 am February 10, 2017
Last night.
On RT Ones Prime Time.
Reporter Katie Hannon (top) outlined the
sequence of events that lead to Garda
whistleblower Sgt Maurice McCabe being falsely
accused of sexually abusing a child a false
allegation that was circulated by Tusla.
Ms Hannon explained:
January 2006: Sgt Maurice McCabe made a
serious complaint against a colleague which
resulted in a sanction being imposed on that
colleague according to a document prepared
for the OHiggins Commission of Investigation
in 2016 by the chief state solicitors office.
December 2006: This colleague made a
complaint about Sgt McCabe on behalf of his
daughter. The daughter subsequently made a
statement in which she alleged that about ten
years previously, when she was around six
years old, she had been playing hide and seek
with Maurice McCabe and his two eldest
children at their home. She said when Sgt
McCabe found her, he tickled her and pressed
up against her in an inappropriate manner. The
allegation was investigated and a file was sent
to the DPP with the recommendation that there
was no grounds for a prosecution. The DPP
directed that no prosecution should be taken
with the observation that it was doubtful the
allegations should constitute a crime at all.
August, 2013: A counsellor notified Tusla that a
client she was counselling had disclosed that
she had experienced one incident of sexual
abuse during childhood by Sgt McCabe. This
client was supposedly the same girl who made
the statement in 2006. But details of the alleged
abuse had changed. According to the
counsellors report, it was said to have involved
digital penetration vaginal and anal. Within
days of being told about the allegation, a social
worker contacted the original investigating
garda to request a meeting about the case. Its
not known if the meeting took place. But a
formal Garda notification form, setting out the
detail of the allegation, was not sent to the
superintendent in charge in the relevant district
until May 2 eight months later. Sgt McCabe
was not told that the Tusla files containing an
allegation that he had abused a child.
Supt Dave Taylor, former head of the Garda
Press Office, would later (in May/June 2016) tell
Sgt McCabe that he was told to spread this
allegations through texts, etc., to gardai,
journalists and others. In a protected disclosure,
he said he was told to do this by senior Garda
management and that the then deputy Garda
Commissioner Noirin OSullivan was kept fully
briefed of the campaign at all times a claim
she has rejected.
January, 2014: The then Garda Commissioner
Martin Callinan, accompanied by the then
deputy Garda Commissioner Noirin OSullivan,
appeared before the Public Accounts
Committee, during which Mr Callinan made the
infamous disgusting comment about Garda
whistleblowers Maurice McCabe and John
Wilson.
Shortly after this, Fianna Fail TD John
McGuinness, who was then chair of the Public
Accounts Committee, claims he was privately
contacted by Mr Callinan and met him in a car
park on the Naas Road. During their
conversation, Mr Callinan told Mr McGuinness
that Sgt McCabe could not be trusted.
March 25, 2014: Mr Callinan resigned from his
position as Garda Commissioner.
April 2014: Tusla opened separate files on Sgt
McCabes four children all of which included
the allegation that Sgt McCabe was alleged to
have abused a six-year-old girl and that the
abuse involved both vaginal and anal
penetration.
May 14, 2014: The counsellor contacted Tusla to
say she had made an administrative error in her
report to Tusla. In turn, a Tusla email states:
The line that this abuse involves digital
penetration, both vaginal and anal is an error
and should not be in the referral. It is, in fact, a
line from another referral on another adult that
has been pasted in error. The counsellor has
apologised and is sending us an amended
report asap.
Within minutes of receiving this report, the
social worker released an instruction that the
garda notification be amended immediately and
the relevant superintendent be notified of the
same. The amended garda notification was sent
to the relevant superintendent in charge, saying
that an earlier report from this counsellor
contained an administrative error. The
notification said there had been an allegation of
a single incident of sexual abuse, stating: At
the time of the incident, both the girl and the
alleged were fully clothed and the incident
involved inappropriate contact.
An email indicates that, within days of the
error being discovered, the counsellor believed
that the local superintendent of the relevant
district had been asked to meet the Garda
Commissioner in relation to this case. And there
was some anxiety that this superintendent
hadnt been brought up to date about the error
in the file and it had to be sent to him
immediately. In a statement from the Garda
Press Office to Prime Time about this, saying,
Commissioner OSullivan had no meeting with
the superintendent in question in May, 2014
and did not request such a meeting. No such
meeting has ever taken place between
Commissioner OSullivan and that
superintendent.
December 29, 2015: A child protection social
worker wrote to Sgt McCabe saying Tusla was
investigating an allegation of abuse against him
from the 1990s and that the abuse included
digital penetration. He was invited to a meeting
to discuss the allegations. It was the first time
Sgt McCabe had heard of the allegation. He
responded, via his solicitor, stating the
allegation was wholly untrue and set out the
circumstances behind the original, entirely
different, allegation and the DPPs finding that it
was doubtful the allegations constituted a crime
at all.
June 20, 2016: The same social worker from Tusla
responded, stating the agency was obliged to
assess the allegations but conceded I apologise
that a mistake was made in my previous
correspondence. I can confirm to you that no
allegation of digital penetration had been made
in relation to your client.
January 10, 2017: After requesting copies of
every Tusla records about him and his family,
Sgt McCabe received a thick file of the various,
incorrect notifications to the gardai.
The files also show that the girl who made the
statement in 2006 had told Tusla that she did
not wish to last August to pursue the matter
any further.
January 27, 2017: The chief operations officer of
Tusla wrote to the Secretary General of the
Department of Children and Youth Affairs
acknowledging that mistakes were made in the
management of this matter and saying that he
had instituted a case review internal to Tusla. It
also stated: I regret that the management of
this case did not reach the high standard we
have set for the service and it is out intention to
issue a full formal apology to Mr McCabe for the
failings. The McCabe family are still awaiting
this apology.
http://www.broadsheet.ie/2017/02/10/pasted-in-error/?
utm_source=internal&utm_medium=web&utm_content=popular_posts

Latest: SF brand Tnaiste's statement


'not credible' as Zappone gives reason
for not telling Cabinet
Sinn Fin Deputy Leader Mary Lou McDonald has said that
this evening's statement from Justice Minister Frances
Fitzgerald in relation to her knowledge of Tusla's role in the
scandal impacting Sgt Maurice McCabe is not credible.

Ms McDonald said: "It is alarming that the Tnaiste, having


misled the Dil yesterday, should continue her cycle of
evasion this evening. Her version of events is not credible.

"I repeat my call for the Tnaiste to correct the record of


the Dil. She should resign if she is not prepared to do so.

"This scandal goes to the very heart of the integrity of


government in this state. Nothing but the full truth and the
disclosure of an accurate version of events will suffice. It is
the very least that Sgt McCabe and his family deserve
after everything they have been put through."
It comes as the Minister for Children Katherine Zappone
released a second statement on the affair today saying it
would have been inappropriate for her to brief the Cabinet
on her reasons for meeting Garda whistleblower Maurice
McCabe.

It is after it emerged that both the Taoiseach and Tnaiste


had been told Katherine Zappone was meeting Sergeant
McCabe, but not the reasons why.

The statement from a spoksperson from her department


read: "Minister believed Tusla would be subject to
investigations by the Commission of Inquiry.

"It would have been highly inappropriate for the Minister


to brief the Cabinet on confidential, highly sensitive and
personal information which one could reasonably assume
was the subject of a protected disclosure, which was
leading to the establishment of the Commission."

Update 6.30pm: The Tnaiste and Minister for Justice has


broken her silence around the allegations against Garda
whistleblower Maurice McCabe.

Frances Fitzgerald says she learned about "an issue


affecting Sgt McCabe in January" from Minister for Children
Katherine Zappone, but was unaware of the details to do
with Tusla.

"As was confirmed in a statement by the Department of


Children and Youth Affairs this afternoon, Minister Zappone
became aware in mid-January of an issue affecting Sgt
McCabe which related to her Department," the Tnaiste
said.

"As the statement points out Minister Zappone has taken


and is taking a number of steps to deal with this matter.

"She informed me in January that she intended to meet


with Sgt McCabe. She of course did not inform me about
any details in relation to confidential Tusla records."

She adds that she had avoided commenting on the matter


in the Dil, as she "would be rightly open to criticism."

"The Terms of Reference of the proposed Commission put


before the Oireachtas by me refer specifically to a
complaint of criminal misconduct against Sgt McCabe and
whether this allegation was used against him.

"I have always been scrupulous to avoid any comment in


the Dil on what was at issue in the criminal complaint
against Sgt. McCabe, referred to in the terms of reference.
Had I put into the public domain anything which indicated
or implied the nature of the complaint against Sgt McCabe
I would be rightly open to criticism.

"At the heart of the issues to be examined by the


Commission is whether senior Garda were involved in a
campaign to use information to damage Sgt McCabe.

"I agreed to take on board amendments designed to put


beyond doubt that the examination of any smear
campaign would not be confined.

"Just as my colleague Minister Zappone is dealing with the


serious matters relating to her area of responsibility, I am
proceeding to finalise the terms of reference of the
Commission of Investigation arising from Mr Justice
O'Neill's report."

Update (4.30pm): Labour's children's spokeswoman Jan


O'Sullivan has said: "The Tnaiste and Minister for Justice
Frances Fitzgerald claimed she was not aware of any
contact between An Garda Sochna and Tusla about
Sergeant Maurice McCabe.

"If Minister Zappone briefed her Cabinet colleagues on the


details, then the Tnaiste must now account for why she
misled the Dil on this matter."

Follow

Juno McEnroe
Mary Lou McDonald questions if Tanaiste has misled the
Dail.
4:53 PM - 10 Feb 2017
P Retweetslikes
Fianna Fil's children's spokeswoman Anne Rabbitte
added: "Did the Minister for Children contact the Minister
for Justice when she became aware of this grave error?"

"We now know that Minister Zappone met with Sergeant


McCabe two weeks ago - why was this meeting not
included in the terms of reference of the Commission of
Investigation that was announced this week?"

Update (3.20pm): Minister for Children Katherine


Zappone has said that she had informed "relevant
government colleagues" of the allegations made against
Garda whistleblower Maurice McCabe.

The Minister revealed in a statement today that her


department was contacted by Garda McCabe's wife, via
the office of the Minister for Health, on January 18.

Follow

Juno McEnroe
Zappone has said she told Gov colleagues of Tusla
Maurice McCabe case,& first found out about it on Jan
18.Thinks Tusla should be in inquiry
3:09 PM - 10 Feb 2017
P Retweets1 1 like

Minister Zappone said that she later met with Mrs and Sgt
McCabe on Wednesday, January 25, and her office has
been "in regular contact" with the pair, and Tusla, since.

Spokesperson for the Minister for Children and Youth


Affairs, Dr Katherine Zappone stated: "Minister Zappone
has met with Mrs Lorraine McCabe and Sgt Maurice
McCabe. She has heard first hand of the devastation
caused to them by the false allegations against Sgt
Maurice McCabe.

"The Minister became aware of the circumstances when


Mrs McCabe contacted the office of the Minister for Health
on January 18, 2017.

"As the matter related to the Department of Children and


Youth Affairs, the Private Secretary of DCYA was requested
to call Mrs McCabe.

"The private secretary did this on January 18.

"Minister Zappone met Mrs and Sgt McCabe on


Wednesday, January 25.

"Since then her office has been in regular contact with Mrs
and Sgt McCabe and Tusla - which has led to the offer of a
public apology.

"The Secretary General of the Department of Children and


Youth Affairs held a meeting with Senior Tusla Personnel
on Friday, January 27.

"Tusla provided DCYA with a chronology and analysis of


the case - which my Department gave to Mrs and Sgt
McCabe on Saturday, January 28.

"Tusla informed the Secretary General that they have


instituted a case review to extrapolate all relevant
information in order to provide a more detailed analysis.

"Minister Zappone informed relevant Government


colleagues during the course of this period.

Minister Zappone was always of the view that Tusla would


form part of the investigation by the Commission of
Inquiry.

Follow

Sarah Bardon

Katherine Zappone has declined to reveal the identity of


the "relevant Ministers" she spoke to about Mr McCabe
3:27 PM - 10 Feb 2017
P 43 43 Retweets29 29 likes

Follow

Martina Fitzgerald

. has said he had no knowledge that Mrs. McCabe had


contacted the Dept of Health & there was no request for a
meeting
3:18 PM - 10 Feb 2017
14 14 Retweets5 5 likes

Follow

Juno McEnroe
Cabinet sources now expressing surprise & regret that
was not included in terms.This does not explain why it
was not
4:00 PM - 10 Feb 2017
P Retweets2 2 likes

Update 1.30pm: The Irish Council for Civil Liberties


(ICCL) has today expressed its concerns at the ongoing
controversy surrounding the treatment of Garda whistle-
blower Sergeant Maurice McCabe.

The ICCL notes that issues arising may be so profound as


to require a broader response engaging institutions
beyond the proposed Commission of Investigation.

They said that the potential involvement of a range of


state agencies in the alleged smear campaign against
Sergeant McCabe run to the very heart of the Irelands
justice system and its political system, even raising issues
of public confidence in the State's child protection
systems.
Speaking today, ICCL Executive Director Mr Liam Herrick
said: Information which has been placed into the public
domain in the last 48 hours including very serious
allegations of misconduct in the treatment of Sgt Maurice
McCabe raise very serious questions for accountability and
oversight across a range state agencies which must be
addressed if the public is to retain full confidence in the
administration of justice and policing in Ireland.

"The Tnaiste and Minister for Justice and Equality must


ensure that the proposed Commission of Inquiry is
constituted to stop the rot and that measures to ensure
meaningful reform of policing and justice are implemented
without delay.

Drawing attention to the time frame in which the


Commission of Investigation will conduct its work, Mr
Herrick noted: It is imperative that Judge Charelton is
empowered to reach full conclusions within a specified
timeframe and can do so while respecting and vindicating
the rights of all parties to the Investigation.

"However, it is equally important that the Government and


the relevant oversight bodies now accelerate the wider
process of Garda reform. From the seriousness of the
issues that arise in this case, it is clear that Garda reform
to date has been partial, and that systemic and cultural
resistance to reform remains.

Update 11.45am: The Child and Family Agency Tusla


says it has begun an internal review into the
circumstances surrounding recent revelations concerning
Garda whistleblower Maurice McCabe.
It emerged yesterday that Tusla opened an investigation
into the welfare of Sergeant McCabe's children, around the
same time he made allegations of mismanagement in the
Garda force.
However, no attempt was made to contact Sergeant
McCabe and put the allegations to him.

Sergeant McCabe now says he's going to sue over the


false child abuse claims.
Due to Data Protection and Constitutional rights, Tusla is
prohibited from commenting on the detail of individual
cases, Tusla said in a statement.
We also have a responsibility to protect the privacy and
wellbeing of the children and families with whom we work.
Taking an overall view of this situation, however, it is
clear to us that mistakes have been made. On this basis,
we have commenced an internal review and will cooperate
fully with any Commission of Inquiry if requested.
Although we cannot comment on the details of this
individual case, we can confirm that we are in the process
of apologising fully to the individual involved.
It is important to note that when we receive allegations
from a child or from an adult reflecting on when they
were a child that we are obliged to carry out a complete
assessment.
We also accept that because of the nature and
complexity of these situations, the systems and processes
involved in doing this need to be extremely robust.
In this case, it appears there were some failures and
these are the subject of our internal review, the
conclusions of which will be made public.
Tusla regrets that this situation has arisen and deeply
apologises for distress caused.
It does not reflect the high standards that we hold
ourselves to and we want to assure the public that we will
take whatever steps are required to ensure that nothing
like this happens again.
Maurice McCabe

Update 11.20pm: Sean Costello, solicitor for Maurice


McCabe, has said his client is devastated over the
allegations made against him.

Speaking on Today with Sean O'Rourke, he said: "To think


a government agency charged with the protection of
children and a state run body who would deal with a
complaint in the manner outline."

He said that the complaint was first made in August 2013


and was referred to local gardai, but that it appears
nothing happened until May 2014 when the same
individual who referred the complaint to the HSE wrote to
state that the initial report contained an "administrative
error".

He said that error related to the description of abuse and


that they need more information from Tusla and the HSE
about how mistakes like the one made are possible.

"It is extraordinary that an agency like Tusla should make


a mistake of that nature. The question will only be
answered if this should be the subject of the inquiry."

In relation to the files opened on McCabes children, Mr


Costello said it is devastating.

"As any parent, aunt, uncle, whoever sees these thing


written about Maurice McCabe, that he posed a potential
risk is just absolutely devastating. And how that manifests
itself and became part of what are allegations at least at
this stage and became part of a campaign."

Garda whistleblower Sergeant Maurice McCabe says he's


going to sue over false child abuse claims.

It emerged yesterday that Tusla opened an investigation


into the welfare of Sergeant McCabe's children, around the
same time he made allegations of mismanagement in the
Garda force.

The abuse claims were made by a young woman in August


to a counsellor, who contacted Tusla and garda. However,
no attempt was made to contact Mr McCabe and put the
allegations to him.

However the child and family agency later said the


allegations were based on a 'clerical error'.

The allegation surfaced on a file in August 2013, and the


error was detected the following May, a period during
which Sergeant McCabes claims of malpractice were
causing major political and garda related controversy.

Yesterday, Labour leader Brendan Howlin told the Dil that


he had been contacted by a journalist who told him he had
direct knowledge of the garda commissioner, Noirin
OSullivan, briefing journalists that Sergeant McCabe was
responsible for sexual crimes.

Mrs O'Sullivan has denied spreading the allegations of sex


crimes against Mr McCabe.
In a statement yesterday, she said she was surprised by
claims of her involvement in a smear campaign targeting
Mr McCabe and insisted it was the first time she had heard
the accusation.

Sinn Fin TD Mary-Lou McDonald wants the Garda


Commissioner to step aside during an inquiry.

"It seems a concerted campaign to blacken a serving


officers name, to take his good character, to destroy his
career, and I'm very concerned that the Taoiseach and the
Minister for Justice insist on the Garda Commissioner
staying in place - I think that is not an acceptable position.

"She does need to stand aside and allow the Commission


of Investigation to proceed."
Fianna Fil says Sergeant Maurice McCabe was failed by
the state in the most fundamental way.

Expenditure and Reform Spokesperson, Dara Calleary,


claims the Children's Minister was aware of the false sex
abuse claims against him, but may not have passed on
that information to the Justice Minister.

"If she did not tell why not, given in any circumstance no
matter who it was, the absolute breach that Tusla had put
on a family given that was such a high-profile individual."

Opposition parties such as Sinn Fin and Labour say Nirn


O'Sullivan's position as head of the force is untenable.

However Fine Gael and Fianna Fil are still supporting her.
Fianna Fil TD Niall Collins said: "Nirn O'Sullivan, no more
than any other person or any other citizen under the
constitution of the land, is entitled to her good name.

"Because an allegation has been made against her by way


of a protected disclosure in my mind doesn't mean that
she should step aside."

http://www.irishexaminer.com/breakingnews/ireland/latest-sf-brand-
tanaistes-statement-not-credible-as-zappone-gives-reason-for-not-
telling-cabinet-776416.html

The Garda Siochana have for several decades


been used as a political police to harass and
frame people who never committed any crime
other than challenge and expose the actual
crimes of politicians, civil servants and their
colleagues.
This mostly involved politically interested
people on the left, including union activists. And
this was ignored and tolerated by middle Ireland
because it was conservative and very anti-
socialist.
But because it was tolerated, hundreds if not
thousands of entirely innocent people had their
lives and prospects ruined as a result through
false arrests, rumours and framing for fictional
crimes. And in the process, rampant corruption
and very serious criminality among state
servants and politicians went unchallenged.
We have had an secret police in this country
since the foundation of the state.

Garda Commissioner Spends Day On Pulse


Searching For Dirt On Brendan Howlin
Garda Commissioner Spends Day On Pulse Searching For Dirt On
Brendan Howlin
February 10, 17
STAFF at the office of the Garda Commissioner have been
told to hold all of Noirn OSullivans calls while she
carefully sifts through Pulse, a database used by an Garda
Sochna for checking criminal and traffic records.
It is understood the Commissioner began work extra early
this morning following allegations that she and former
Garda commissioner Martin Callinan engaged in a
campaign of harassment against garda whistleblower
Maurice McCabe, which was highlighted under Dil
privilege by Labour leader Brendan Howlin yesterday
afternoon.

She finally came out of her office at lunchtime, asking if


anyone had seen her old mobile phones and wondering if
anyone knew Brendan Howlins mothers maiden name, a
source inside the Commissioners office explained, theres
bin bags full of shredded paper piling up outside her office
door, and the Pulse system is very slow in the office today;
like shes been hogging it all day for something.
Speaking during leaders questions, Brendan Howlin
claimed the Garda Commissioner rang a journalist in 2013
and made allegations of sexual crimes against the
whistleblower.
Taoiseach Enda Kenny later stated he had full confidence
in Noirn OSullivan, until such a time when the
allegations could be potentially proven to be true.
This government will stand by the Garda Commissioner,
pending a full investigation, he said, but if she is proven
guilty of misconduct, we will do everything in our power to
cower away into the background as politically and
hypocritically as possible.
Zappone did not
brief Cabinet on
'confidential
information'
Updated / Friday, 10 Feb

The political focus is on who in Government knew what and when


A spokesperson for the Minister for Children has said
it would have been "highly inappropriate" for
Katherine Zappone "to brief the Cabinet on
confidential, highly sensitive and personal information
which one could reasonably assume was the subject
of a protected disclosure".
Questions arose today over how much the Cabinet
knew about a false allegation of sexual abuse against
garda whistleblower Sgt Maurice McCabe after it
emerged that he met Minister Zappone ahead of the
publication of the terms of reference for the Charleton
Commission of Investigation.
The Commission of Investigation under Mr Justice
Peter Charleton will investigate claims made by the
former head of the Garda Press Office
Superintendent Dave Taylor that he was told to brief
the media that claims made by Sgt McCabe were
motivated by malice and revenge and had no
substance.
It will now also investigate any links between Garda
Commissioner Nirn O'Sullivan and former
commissioner Martin Callinan about an alleged
smear campaign against Sgt McCabe.
A spokesperson for Minister Zappone today said that
she had informed "relevant Government colleagues"
of the circumstances of the case involving Sgt
McCabe and Tusla since she first heard about it last
month. But the spokesperson for Ms Zappone said
she will not be commenting further on who she
informed.
This evening in a statement, Tnaiste and Minister for
Justice Frances Fitzgerald said that Ms Zappone
informed her "in January that she intended to meet
with Sgt McCabe.
https://www.rte.ie/documents/news/tanaisterstatemen
t.pdf

She of course did not inform me about any details in


relation to confidential Tusla records".

A Government spokesperson said Minister Zappone


had told Taoiseach Enda Kenny she was going to
meet Sgt McCabe in advance of her meeting with the
whistleblower.
The spokesperson said the minister did not state the
contents of the meeting. He added it was the
understanding of the minister that there would be
ongoing contact and the talks were not finished.
A spokesperson for Ms Zappone the minister was
always of the view that Tusla would form part of the
investigation by the Commission of Investigation.
https://www.rte.ie/documents/news/zapponespokesp
ersonstatement.pdf
The spokesperson added that Ms Zappone became
aware of the circumstances when Sgt McCabe's wife,
Lorraine, contacted the office of the Minister for
Health on 18 January 2017.
Ms Fitzgerald, who yesterday agreed to broaden the
terms of reference for the commission of
investigation, said she is proceeding to finalise the
terms, while the Government spokesperson reiterated
that Tusla will be included in the terms of reference.

Minister for Health Simon Harris said that he had no


knowledge that Mrs McCabe had contacted the
department and no meeting was requested.
Speaking on RT's News At One, he said he did not
know who was briefed by Minister Zappone.
Mr Harris called on Tusla to answer questions "very
quickly", saying answers needed to be found and
Tusla could and should put more information into the
public domain.
Sgt McCabe's solicitor has said he would have
thought that Minister Zappone's meeting with his
client last month would have been part of the Cabinet
discussion on the establishment of the commission.
But Sen Costello said he had every confidence in
Mr Justice Charleton and had no doubt he would
exercise every power given to him.
Tusla's apology delivered to McCabe's neighbour
Fianna Fil TD John McGuinness has said a criminal
investigation is needed into how the Tusla file on Sgt
McCabe was created and by whom.
Speaking on RT's Six One News, he said there are
many unanswered questions including who knew
about the file, what circle in the garda knew about it
and why Sgt McCabe and his family were put to such
pain in relation to the investigation.

Mr McGuinness said the Tusla information should


have been included in the terms of reference of the
Charleton inquiry "in a very specific way".
He also called for Garda Commissioner Nirn
OSullivan to stand aside to allow a "far more
comprehensive investigation to take place". He will
ask his Fianna Fil colleagues and party leader
Michel Martin to agree with that position, he said.
Mr McGuinness also stated that Tusla's apology to
Sgt McCabe today was delivered to his next door
neighbour, an 80-year-old lady, and it was
subsequently passed on to the family.
He said no one accepts this was a copy and paste
error and said there is something seriously wrong in
Tusla.
Sinn Fin deputy leader Mary Lou McDonald has
said that Ms Fitzgerald's statement is not credible.
In a statement, Ms McDonald said: "It is alarming that
the Tnaiste, having misled the Dil yesterday, should
continue her cycle of evasion this evening.
"Her version of events is not credible. I repeat my call
for the Tnaiste to correct the record of the Dil.
"She should resign if she is not prepared to do so."

Follow

Conor McMorrow

Sinn Fein's has accused Tnaiste of mis-leading Dil


Asks her to make a full statement or else tender
resignation
5:40 PM - 10 Feb 2017
P 35 35 Retweets32 32 likes
Earlier, Ms McDonald insisted the terms of reference
of the Charleton Commission had to be rewritten to
take account of the Tusla revelations, and she
reiterated her call for Commissioner O'Sullivan to
step aside.
Clerical error of 'monumental proportions' -
Howlin
Labour Party leader Brendan Howlin has said it
beggared belief that there could have been a
discussion at Cabinet about the issue, without the
information known to Ms Zappone surfacing. He said
if this had happened, the minister had to explain why
this was the case.

Speaking in Galway this morning, Mr Howlin said if


the minister had briefed the Cabinet about what she
and her department knew about the involvement of
Tusla, then the Minister for Justice needed to explain
why this information was not given to the Dil during
yesterday's discussions on the latest Commission of
Investigation.
He said it was vital that there was complete clarity on
the issues and that they were fully encompassed by
the investigation.
The Labour leader said if this was a clerical error it
was one of "monumental proportions" and if it was
something more sinister, then that needed to be
established and fully investigated.
Describing the revelations highlighted on RT's
Prime Time last night as "shocking", he said the
suffering endured by Sgt McCabe at the hands of
"agents of the State" was beyond belief.
Mr Howlin also reiterated his call for Commissioner
O'Sullivan to step back from her position while the
investigation was carried out. He said it was proper,
in the interests of the force, that this happened.
He said he was not aware of any of the allegations in
question during his time in government and that he
only became aware of the full detail of the allegations
relating to Sgt McCabe last night.
The interim Garda Commissioner has said that
any member of An Garda Sochna who wants
to raise an issue of concern will be supported
in doing so.
Noirin O'Sullivan issued the statement tonight
following claims in the Dil by Deputy Luke
'Ming' Flanagan.
The Commissioner also reiterated her position
that she doesn't regard dissent as disloyalty.
She also said that the use by any member of
An Garda Sochna of the confidential recipient
mechanism is a confidential process and as
such the garda are not in a position to
comment on the particular case at this stage.
It is understood that garda have not yet been
made aware of the full details surrounding the
allegations.
Earlier in the Dil Deputy Flanagan said that a
new garda whistleblower is currently giving
evidence to the interim Garda Confidential
Recipient.
Mr Flanagan said the garda had been left with
no choice but to go public given the gaping
hole in legislation.
Mr Flanagan said the garda's allegations are
very serious.
He said one related to a cover-up of an original
file that was stolen, and the original removed
from the PULSE system and new information
appeared.
Mr Flanagan said at least one of the accused
was threatened by a garda to plead guilty on
the day of the court case.
Mr Flanagan also said the garda made
allegations about a "systematic and
orchestrated effort by high ranking garda
officers to induce and coerce citizens with no
previous convictions to buy drugs from drug
dealers, putting them in personal danger, in
turn to sell drugs to undercover garda,
without making any profit thus boosting crime
detection figures".

Minister for Education Ruairi Quinn said the


concerns Mr Flanagan was expressing were
concerns that were shared.
Mr Flanagan said the Government has been in
power for three years.
He said the information would be brought to
the Garda Commissioner and this was not
ideal.
He said he needed reassurance it would not be
treated the way other information was.
Mr Quinn said society needs a new police
authority and the Government would deliver
this.
https://www.rte.ie/news/2017/0210/851628-maurice-mccabe/
A statement has just landed from Katherine
Zappone.
She says it would have been highly
inappropriate to brief the Cabinet on
confidential information about Tusla, which she
assumed was going to be investigated by the
upcoming Commission of Inquiry.
Kenny and Fitzgerald not
told of false Tusla file on
McCabe
Taoiseach and Tnaiste told Zappone met whistleblower
but say they did not hear details
Sarah Bardon, Pat Leahy, Vivienne Clarke
February 10, 17

Sgt Maurice McCabe is to sue Tusla over the agencys file on him.
Photograph: Cyril Byrne/The Irish Times
The Taoiseach and Tnaiste have denied they were
aware of the existence of a Tusla file containing false
child sex abuse allegations made against Sgt Maurice
McCabe.
Enda Kenny and Frances Fitzgerald denied that Minister
for Children Katherine Zappone had briefed them on the
litany of errors in the handling of allegations about the
garda whistleblower by Tusla, the Child and Family
Agency.
Ms Zappone insisted she informed the relevant
Government colleagues about the Tusla file containing
the claims.
However, in a statement on Friday night a spokesman
for Ms Zappone said it would have been highly
inappropriate for the Minister to brief the Cabinet on
confidential, highly sensitive and personal information
which one could reasonably assume was the subject of a
protected disclosure, which was leading to the
establishment of the commission.
Ms Fitzgerald and Mr Kenny said they knew the McCabe
family had met Ms Zappone two weeks ago but both
insisted they did not know the content of the allegations
or about the details of the Tusla records.
Commission of investigation
The treatment of Sgt McCabe by Garda management will
be investigated by a newly established commission of
investigation, headed by Mr Justice Peter Charleton. It
will look into claims that senior garda, including Garda
Commissioner Nirn OSullivan, orchestrated a smear
campaign against Sgt McCabe in an attempt to discredit
him. Ms OSullivan has repeatedly rejected claims she
was involved in an attempt to damage Sgt McCabes
reputation.
Ms Zappones spokesman said earlier on Friday that she
met Sgt McCabe and his wife Lorraine on January 25th
after receiving a letter from Tusla confirming it had
wrongly sent a file on the claims against him to garda.
The spokesman said it was always Ms Zappones
intention that Tusla would be included in the newly
established commission of investigation into the
handling of whistleblowers.
http://www.irishtimes.com/news/crimeandlaw/kennyand
fitzgeraldnottoldoffalsetuslafileonmccabe
1.2970711#.WJ3GLZQBZ00.twitter

No skills necessary, just prove you are a migrant.


This jobs quota and our welfare system is like a magnetised lighthouse
for all to see across Africa and the middle east.
Somewhere in all this you will find that George Soros is pulling strings
and throwing money around
we signed up to the Geneva convention in 1962, and signed up to the
protocols I and II in 1999. The current government committed to taking
in additional 4000 refugees seeking protection. All of these were signed
into law by your transparently elected officials. Nothing has been forced
on the Irish people the only people going against the will of the Irish
people in this case is the new breed of English-style whites only
nationalists that have been making a noise on social media.
JUST IN: Frances Fitzgerald has released a
statement (shes obviously reading the
liveblog).
Learn more
Her spokesman said: Minister Zappone informed
relevant Government colleagues during the course of this
period . . . Minister Zappone was always of the view that
Tusla would form part of the investigation by the
commission of inquiry.
Zappone urged to clarify handling of false claims
against McCabe via
There are strong rumours that Minister for Justice
Frances Fitzgerald will be releasing a statement this
evening to clarify if Katherine Zappone told her about
the Tusla mess or not.

John Wilson claims


Maurice McCabe
has been treated
criminally
By Denise Canavan -
10th February 2017

Former Garda and Whistleblower John Wilson on


the verge of tears, has described the treatment of
Maurice McCabe as the worst scandal in the history
of the Irish Republic. Speaking on this mornings Joe
Finnegan Show, Mr Wilson called for action and
accountability.

Michel Martian on Twitter


Terrible error by #Tusla on #MauriceMcCabe but the government
must remain strong. The Garda Commissioner is one of us and has
100% support.
TWITTER.COM|BY MICHEAL MARTIAN
Every last one of them have to go NOW disgusting vermin
they tried to destroy Mr McCabe now it has back fired and
the truth is slowly emerging and its not pretty in fact its
very disturbing what all those people are capable of ...
they are not fit to be in govt and the commissioner should
be dismissed immediately, FF FG lab and the
Endapendents are very very dangerous people and all of
them are caught up in this all of them will fall so mehole
spews that he has 100% confidence in a lying bitch that
tried to destroy a man's good name, one of us, Not of of us
Citizens,FF should be baying for blood but they know they
are finished when kenny falls he will bring them all with
him so they hang to power by their corrupt fingertips
scummy vermin the lot of them.
Time for a Public Revolt against those bastards they make
my stomach churn.
Flip flops were delivered to the
office, maybe a gift from
Frances Fitzgerald
Can't figure which way to wear
them?

National Vetting Bureau, An


Garda Sochna
End Multiple Duplications of
Garda Vetting illegally
PH
Campaign created by
Patrick Haughey

Issue just one Garda Vetting Cert


Why is this important?
Current Garda Vetting Practice is depriving communities all over
Ireland of the irreplaceable leadership which can only be
delivered by volunteers. It is generally accepted that the well-
being of any community can be measured by the number of its
volunteers.

https://my.uplift.ie/petitions/
multiple-duplications-of-
garda-vetting?
source=facebook-share-
button&time=1485342837

Tusla delivered Maurice


McCabe's apology to his elderly
neighbour 'in error'
Fianna Fils John McGuinness told RTs Six One News that this is
total incompetence.
February 10, 17

TUSLA DELIVERED THEIR apology to Sergeant Maurice


McCabe to his 80-year-old neighbour in error, according to
a Fianna Fil TD.
The apology is part of an ongoing fallout from a clerical
error from Child and Family Agency Tusla that led to the
circulation of a false sex abuse allegation against garda
whistleblower Maurice McCabe.
Nine months after an allegation was reported to Tusla by a
counsellor, the counsellor contacted the agency to say she
made an administrative error and had accidentally pasted
the abuse details into her report. By this stage the complaint
had already been passed onto garda.

On RTs Six One News, John McGuinness said that Tuslas


apology to Maurice McCabe was delivered to McCabes next
door neighbour in error.
Today, Tusla have apologised to Sergeant Maurice McCabe
and in delivering that apology, they brought it to his next
door neighbour an 80-year-old lady.
The apology after had to be delivered to McCabes family.
This is total incompetence and none of us accept that it was
a copy-and-paste and an error, there was something
seriously wrong within Tusla.
Earlier today, Tulsas CEO Fred McBride admitted that
mistakes were made, but strongly refuted that there had
been a deliberate attempt made by Tusla to discredit
McCabe.
I would never knowingly allow that to happen, so I
absolutely refute that, he told RTs News at One.
Fallout from the scandal continues as accountability for the
incident is still unconfirmed: with Minister for Children
Katherine Zappone, Tnaiste and Minister for Justice
Frances Fitzgerald, and Health Minister Simon Harris all
mentioned in relation to the case.

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