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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.
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.
Tusla to apologise to
Maurice McCabe
Updated / Thursday, 9 Feb 2017 23:40
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
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.
"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."
However Fine Gael and Fianna Fil are still supporting her.
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
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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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.
http://www.irishtimes.com/news/politics/whistleblowe
r-inquiry-garda-chief-will-not-be-asked-to-stand-aside-
1.2967277#.WJp81HDwlqk.twitter
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
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
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
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
https://www.youtube.com/watch?v=9rtBuKzDtmM
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.
https://www.rte.ie/news/2015/0830/724497-garda-internal-inquiry/
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.
Conor McMorrow
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.
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.
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
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.
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
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 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.
Ends.../
Commission of Investigation (Certain Matters relative to the
Cavan/Monaghan Division of the Garda Sochna)
Terms of Reference
Note to editor:
The full text of the Guerin report is available at this link:
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
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.
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.
ResponseoftheGovernmentofIrelandtothereportoftheEuropeanCommitteeforthePreventionof
TortureandInhumanorDegradingTreatmentorPunishment(CPT)onitsvisittoIrelandfrom2ndto
the13thOctober,2006
http://www.cpt.coe.int/documents/irl/200741infeng.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.
Whistleblower-Commission-of-Investigation
https://assets.documentcloud.org/documents/3456960/Whistleblower-
Commission-of-Investigation.pdf
Department of Injustice
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
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
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
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
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?"
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.
"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.
Follow
Sarah Bardon
Follow
Martina Fitzgerald
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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
"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."
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.
http://www.irishexaminer.com/breakingnews/ireland/latest-sf-brand-
tanaistes-statement-not-credible-as-zappone-gives-reason-for-not-
telling-cabinet-776416.html
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Conor McMorrow
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.
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