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WHISTLEBLOWERS CHARACTER

ASSASSINATED BY CORRUPT
WHITEWASH COVER UP OF
COMMISIONER GARDA AND CORRUPT
POLITICIANS , WHEN YOU READ THIS
YOU WILL SAY THE PYCHOPATH LIARS
AND SICK BASTARDS THAT THEY ARE
Criminals in Uniform - Re: Garda
whistleblower Maurice Mccabe
https://www.youtube.com/watch?
v=eVhyzJ-u4_8&feature=share

May 14, 2016


Extracts from discussion about the following article:
BY RITA CAHILL
Friday 13th May 2016, Inset article by Michael Clifford for the
Examiner.
https://www.youtube.com/watch?v=Wrwgs-xcdWo&sns=fb

My Advice To The Mc Cabe Family is to Take There Justice to A


European Independent Court of Human Rights Abuse and under the
Grounds of Mental Torture by the Hands of Government And Garda
Commissioner Conspiracy and Treason to Whitewash Crimes here
It Will be another snared investigation to cover up he was selected,
FG Selected Judge

Cabinet chooses High Court judge Peter Charleton for Supreme


Court post
Vacancy created by retirement of Nial Fennelly
Tue, Jun 17, 2014, 19:03
Ruadhn Mac Cormaic

Mr Justice Peter Charleton: appointed to the Supreme Court. File


Photograph: Dara Mac Dnaill/The Irish Times
The Government has nominated High Court judge Peter Charleton to
fill the Supreme Court vacancy created by the retirement last month
of Mr Justice Nial Fennelly.
A member of the High Court bench since 2006, Mr Justice Charleton
has been assigned to commercial cases for the past four years and
has written extensively on criminal law.
He also has experience in judicial review and personal injury cases,
is an ad hoc judge of the European Court of Human Rights and has
been supervisor of the Judicial Researchers Office since 2011.
Mr Justice Fennelly retired last month, having served on the
Supreme Court since 2000, and has been appointed by Government
to lead the commission of inquiry into the taping of telephone calls
at Garda stations.
Educated at Trinity College Dublin and Kings Inns, Mr Justice
Charleton was called to the Bar in 1979 and took silk in 1995. He is
the author of a number books on criminal law and has also
published on family and constitutional law, copyright, extradition
and judicial review. One of the countrys leading barristers before his
appointment as a judge, he worked as counsel for the Morris tribunal
into allegations of corruption in the Donegal division of An Garda
Sochna.
Mr Justice Charleton has lectured at Kings Inns, Trinity College
Dublin, Fordham University in New York and Beijing University of
Political Science and Law. He is also chairman of the National
Archives advisory council.
The appointment leaves a vacancy on the High Court, which is
expected to be further depleted when nine judges are appointed to
the new Court of Appeal later this year.
Later this month, the Judicial Appointments Advisory Board will meet
to consider applications to fill the High Court vacancy left by the
retirement earlier this month of Mr Justice Iarfhlaith ONeill. It may
now use the same panel of applicants to choose a replacement for
Mr Justice Charleton.
Two more High Court judges - Mr Justice Barry White and Mr Justice
Daniel Herbert - are due to retire before October.
The advisory board receives applications for judicial posts and sends
Government a list of candidates who meet a set of minimum
criteria. However, the board does not rank candidates by merit and
the Government is not required to choose from its list, giving
ministers wide discretion. Serving judges are not required to apply
through the JAAB.

Nirn OSullivan rejects calls to step aside: false accusations do not


make me guilty of anything
Commissioner: I was not part of any campaign to spread rumours
about Sgt McCabe
February 13, 17
Vivienne Clarke, Sarah Bardon
Garda Commissioner Noirin OSullivan is facing calls to step down
from her position. Photograph: Dara Mac Dnaill
Garda commissioner Nirn OSullivan has said she will not be
standing down while a commission of inquiry examines allegations
over the treatment of Garda whistleblower Sgt Maurice McCabe.

Cock-up or conspiracy, its time to


come clean about Maurice McCabe
claims
Without a full explanation from the HSE and garda about
their handling of the Maurice McCabe claims, public
confidence in both agencies will drain away,

On Saturday, Lorraine and Maurice McCabe turned on their


TV to find that the HSE was apologising to them.
The apology was part of a statement issued by the HSE in
explanation of the horror visited on the McCabe family
over false allegations of child sexual abuse.
This is the manner in which a family who have been
subjected to the most appalling treatment at the hands of
State agencies were informed of an apology.
Nobody contacted them directly. There was no letter
couriered to their home, which might be just as well,
considering that an apology couriered on Friday from Tusla
went to the wrong address.
Far more worrying though, than the callous approach of a
health service to somebody grievously wronged, was the
content of the statement.
If the HSE is coming out with its hands up, it is certainly
not coming clean on what exactly occurred to thrust the
McCabes into a Kafkaesque nightmare.
The statement begins: In July 2013 there was an
allegation of retrospective abuse made against Garda Sgt
Maurice McCabe.
It does not specify whether this allegation was the serious
and false accusation of digital penetration.
The woman at the centre of this issue had made an
allegation in 2006, through her garda father, that Sgt
McCabe had, eight years previously, rubbed up against
her and tickled her inappropriately at a birthday party.
That was investigated, dismissed in terms of evidence,
and the alleged incident characterised by the DPP as not
even being a criminal complaint.
So in 2013, this now adult was making an allegation.
Was it the old allegation rehashed? Or was it the serious,
horrendous accusation of the worst form of sexual abuse?
The answer is vital to all that followed, and neither the
HSE nor Tusla has stated categorically which it is.
Yesterday, The Sunday Times reported that the womans
solicitor stated that she did not make the complaint in
question, and knew nothing about what unfolded in Tusla.
For confidence to be retained in the health authorities,
there needs to be either agreement or dispute with that
position.
The HSE statement goes on to say that there was an
administrative error made by a staff member of the HSEs
National Counselling Service.
The phrase cut and paste has been used to explain this
error. How so? Prior to the allegation there was no file on
Sgt McCabe. What could be cut and pasted?
The file opened on Sgt McCabe had handwritten notes on
the specifics of the serious allegation.
How did that originate? What could it have been cut and
pasted from?
Specifics are required and promptly.
Later in the statement, matters turn ever more
Kafkaesque when referring to the discovery of what had
gone wrong in May 2014.
The HSE is satisfied that correct procedure was followed
once this error was brought to the attention of the
National Counselling Service.
No it wasnt. Nobody informed Sgt McCabe, even at that
late stage, about what had occurred.
Nobody informed the Data Protection Commissioner.
The record of the spurious complaint was maintained on
file, as it was referenced by the social worker who
contacted Sgt McCabe in January 2016 to inform him it
was necessary to determine whether he posed a danger to
children.
Finally, the statement descended into insult.
The HSE apologises unreservedly to Mr McCabe and his
family for the distress caused on foot of this error.
Right, by telling the public before contacting the
distressed family?
By including the apology in a statement that did little to
illuminate what went wrong?
At least the HSE has made an effort to stem any draining
of public confidence in its operation.
The same cant be said for the garda.
Basic questions could be answered without reference to
any inquiry, in order to reassure the public that from the
forces perspective this was a cock-up rather than a
conspiracy.
For instance, the file on Sgt McCabe states that the 2013
allegation was referred to the Garda officer who
investigated the original complaint from McCabes
colleagues daughter in 2006.
If this is the case, that officer would have known that the
serious, vile allegation bore no resemblance to the original
complaint.
Why was nothing done?
Yesterday, it was reported that the woman told garda in
May 2014 eight months after members of the force had
possession of the vile allegation that she did not make
the complaint in question. What had happened in the
intervening eight months?
Why wasnt she informed and interviewed? Why wasnt
Sgt McCabe informed and interviewed?
Even the most benign explanation that garda cannot
investigate unless a complaint is made explicitly to them
does not answer the questions.
An Garda Sochna has a duty of care both to its own
members and to the public.
Senior members were aware of a complaint against one of
its own about something that could be a threat to children,
yet it did nothing for eight months.
Over the same period, Sgt McCabe went from being an
anonymous whistleblower who was greeted with some
scepticism, to an identifiable human being whose bona
fides were confirmed by a number of public figures.
There are a lot of coincidences in there, and without full
and prompt explanations from both the HSE and the
garda, there will continue to be a draining of confidence
from both agencies.
http://www.irishexaminer.com/viewpoints/analysis/michael
-clifford-cock-up-or-conspiracy-its-time-to-come-clean-
about-maurice-mccabe-claims-442763.html
Taoiseach Enda Kenny refuses to clear
up whistleblower questions
Monday, February 13, 2017

Concern over why abuse claims werent discussed by


Cabinet.
Taoiseach Enda Kenny has refused to say if and when he
found out about false child sex abuse claims regarding
Garda whistleblower Sgt Maurice McCabe.
There is growing confusion among senior government
figures about why a Tusla file about Sgt McCabe was not
mentioned or discussed at last weeks Cabinet meeting.
Minister for Children Katherine Zappone met Sgt McCabe
on January 25, at which an apology and the blunder by the
child and adult agency over the false sex abuse
allegations were discussed.
While a Cabinet meeting last week debated a fresh inquiry
into an alleged Garda smear campaign against Sgt
McCabe, Ms Zappone did not raise the Tusla file or inform
her colleagues of the issue.
Mr Kenny yesterday faced questions about what he had
discussed with Ms Zappone, prior to her meeting the
garda.
Pressed by RTs The Week in Politics about when he first
learnt in Leinster House of the sex claims against Sgt
McCabe, Mr Kenny refused to say if or when he first
learned of the allegations.
You work in Leinster House for many years, it is a place of
inexhaustible rumours, hearsay and allegations.
Mr Kennys spokesman said on Friday the Taoiseach first
learned of details of the Tusla file on Sgt McCabe last
Thursday, from the media. But Mr Kennys refusal to say in
person when he first heard any of information or details
around the sex abuse allegations will lead to more
questions.
Furthermore, Mr Kenny seemed to blame Ms Zappone for
details not being passed to Cabinet about Sgt McCabe
despite the fact the Taoiseach did not ask her about the
McCabe meeting.
[She] did tell me she intended to meet with Sgt McCabe
in a private capacity and thats all I knew. I said to her, if
you do have a meeting make sure that you have a
thorough account of it. When we had our meeting on
Tuesday, I wouldnt have been aware of any of the details
of the discussions with [him].
READ MORE: Michael Clifford: Cock-up or
conspiracy, its time to come clean about Maurice
McCabe claims
Mr Kenny said he had not asked his minister what the
meeting was about as it had been in a private capacity.
This was despite the fact it was about Tuslas apology over
its botched file on the abuse claims.
Ms Zappone did a U-turn on Friday. After originally saying
she had informed relevant government colleagues about
the McCabe issue, she later said it would have been
highly inappropriate for her to have briefed colleagues
about sensitive information. This has caused even more
confusion.
Meanwhile, Mr Kenny yesterday also agreed there was the
potential for a criminal investigation to be held in parallel
to the new inquiry about the alleged campaign against Sgt
McCabe.
He said he was not ruling out such an option, but that
evidence would be needed. Extending the terms of the
Charleton inquiry out to deal with other whistleblower
cases was also not recommended, he said, as it would
change the timeframe of the commission of investigation.
He also suggested that he found the whole Tusla case,
where the claim of sex abuse was copied and pasted from
one file onto Sgt McCabes, difficult to understand.
There would likely be a review of the agencys work, he
added.
Separately, Mr Kenny also dismissed suggestions that
government colleagues have advised him to step aside
and let a new Fine Gael leader take over by the summer.

Second apology to Maurice McCabe


bungled by HSE
Monday, February 13, 2017

The HSE says it still wants to make a formal apology to


Maurice McCabe and his family despite a bungled attempt
which the McCabes rejected out of hand.

It was the second agency to make a mess of saying sorry


to the whistleblower after Tusla delivered its formal written
apology to the home of one of his elderly neighbours
where it was only discovered after the womans daughter
spotted it.
The HSE issued a public statement at lunchtime on
Saturday, saying it apologised unreservedly for the
distress caused to Sgt McCabe and his family but it failed
to notify the McCabes in advance and they only heard
about it on the news hours later.
In addition, the HSE made no mention of the false sex
offence allegations made against Sgt McCabe but
repeatedly described the source of his distress as an
administrative error.
The statement also said that once the error was
discovered, correct procedure was followed but that does
not tally with the fact that the erroneous file was not
destroyed and resurfaced to cause more difficulties more
than a year later.
When the McCabes became aware of the statement and
its contents late on Saturday night, they contacted an
official of Health Minister Simon Harris to say it was not
being accepted.
The HSE said it was in the process of preparing a more
formal apology to Sgt McCabe and his family and it only
became aware that there was a problem with the public
statement yesterday morning. It also implied it did not
have contact details for Sgt McCabe.
In an attempt to defuse the situation, the HSE issued
another statement at lunch time yesterday. It said that
once it became aware of the McCabes upset it
immediately convened a meeting in order to discuss his
concerns and to put in place a process for contacting Sgt
McCabe.
Telephone contact was made between 11am and 1pm
and a voicemail left for Sgt McCabe. The HSE wishes to
talk to Sgt McCabe in order to discuss the statement that
we issued and any issues that he may have in relation to
the information contained therein.
Last year the HSE came under fire for bungling another
apology in the Grace case when it initially claimed to a
Dil committee that it had officially apologised to a young
woman left in foster care for 13 years despite the home
being the subject of abuse allegations.
HSE bosses later had to admit they had made no such
apology.

http://www.irishexaminer.com/ireland/second-apology-to-
maurice-mccabe-bungled-by-hse-442775.html
This insider NI cop of Corruption In
South of Ireland, X PSNI
A Woman scorn With V-engines to
Attack and humiliate whistle blowers
Everybody is entitled to their opinion'
Garda Commissioner Noirin O Sullivan
Nov 26, 2014
Garda Commissioner Noirin OSullivan has vowed to put
victims of crime at the centre of everything the force does.
Garda Commissioner Noirin OSullivan has vowed to put
victims of crime at the centre of everything the force does.
Garda Commissioner Noirin OSullivan has vowed to put
victims of crime at the centre of everything the force does.
VIDEO: 'Everybody is entitled to their opinion' Garda
Commissioner Noirin... VIDEO: 'Everybody is entitled to their
opinion' Garda Commissioner Noirin... VIDEO: 'Everybody is
entitled to their opinion' Garda Commissioner Noirin...
https://www.youtube.com/watch?
v=pbjYc7p_L0M

Minister knew for 6 months about


second gardas Tusla concerns
Monday, February 13, 2017
Michael Clifford
Details have emerged of another Garda whistle-blower
raising concerns of how Tusla treated him and his family.
The details of his case have been known to the Justice
Minister Frances Fitzgerald for the last six months and to
Garda Commissioner Nirn OSullivan for at least a year.
The whistleblower claims he has been subjected to
different forms of intimidation and harassment since he
made complaints of malpractice.
More than three years ago there was an incident between
the man and his partner there was no violence though a
garda was called to the scene, albeit not by either of the
couple.
A few weeks later, the woman was invited to the local
Garda station and interviewed for eight hours before,
according to her, she was pressured to sign a statement
with an implied threat there may be repercussions for the
children if she did not.
A senior officer wrote a Notification of Suspected Child
Abuse for Tusla about suspected emotional abuse of the
children.
Tusla said there was no evidence of abuse detailed and it
would not act unless it received further information.
The woman contacted garda and withdrew the statement
she had made.
Several months later, the couple received a letter from
Tusla, inviting them to a meeting with two of its
employees. It was agreed that the argument the couple
had was the type not unfamiliar to couples in general.
The pair thought the matter had been put to rest, but later
the woman received a call from one of the Tusla
employees to be told a superior had said a home call was
required and that this new instruction was as a result of a
call to the superior from a garda. The employee visited the
house but appeared to find no issues worth pursuing.

http://www.irishexaminer.com/ireland/minister-knew-for-6-
months-about-second-gardas-tusla-concerns-442781.html

The escalating Maurice McCabe


scandal: Enda Kennys ship is heading
for the rocks
Monday, February 13, 2017
Irish Examiner editorial
Political polling, at least the kind made public, was once
thought of as a science but recent, contrary-to-predictions
results have made a reappraisal of polling methodology
necessary.
Some results, especially David Camerons 2015 Tory
majority, were so in conflict with what had been seen in
the crystal ball that they suggest polling is more a finger-
in-the-wind voodoo than a discipline.
Britains decision to quit the EU and President Trumps
victory were not predicted either but pollsters take
comfort that the margins in those votes were so tight that
the usual 3% wriggle room might save their blushes.
Nevertheless, this unreliability led to a French newspaper
Le Parisien to stop publishing opinion polls.
Polls ahead of the April round of Frances presidential
election put far-right leader Marine Le Pen on 25%. The
same poll predicts she will be beaten two-to-one 66% to
34% by independent Emmanuel Macron in the second
round in May.
advertisement
Germans vote in September and Chancellor Angela
Merkel, on 34%, is just ahead of Martin Schulzs Social
Democrats on 31%. In Holland, polls predict far-right Geert
Wilders will win power next month.
These polls will generate momentum but the weekend poll
showing Fianna Fil has an 11-point lead over Fine Gael
will quickly feed into the accelerating vortex in the Dil.
That kerfuffle will be fuelled too by Sinn Fins no
confidence motion.
We seem on the cusp of what could be a momentous week
for the Government, for politics and, most importantly, the
idea of accountability, credibility and trust in public
institutions.
Fianna Fil hit 32% up 3% while Fine Gael polled 21% a fall
of 2%. Fianna Fils rating is a six-year record high but Fine
Gaels 21% is its lowest. These figures will stir barely-kept-
in-check Fianna Fil traditionalists unhappy to continue to
play second fiddle. They will smell blood and see
opportunity.
Ironically, the figures may convince those who would
succeed Enda Kenny that they might be wise to wait until
there is something like clarity around the deepening Sgt
Maurice McCabe scandal before instigating a challenge.
After all, who would want to captain a ship heading for the
rocks?
Worryingly, the assertion by Justice Minister Frances
Fitzgerald that she had no knowledge of the circumstances
surrounding allegations against Sgt McCabe until details
were published last week stretches credibility further.
So does her declaration that she had just one conversation
with Minister Katherine Zappone on the issue. The oldest
question of all in politics if not, why not? is
unavoidable.
Mr Kenny was a TD for seven years when the first GUBU
scandal unfolded so he knows how these things play out.
This is his GUBU crisis and unless he leads a response far
beyond the kicking to touch, the ignorance, feigned or
otherwise, the moral-reservation obscurantism and the
chilling air of stonewalling and conspiracy, he and his
colleagues wont need a poll to tell them what their future
holds.
All around the western world liberal democracy is in
retreat because governments underestimated the
response required to scandals like the sordid McCabe
affair. This is a stand-up-and-be-counted moment. So
much at stake, so little time.
http://www.irishexaminer.com/viewpoints/
ourview/the-escalating-maurice-mccabe-
scandal-enda-kennys-ship-is-heading-for-
the-rocks-442735.html
Maurice McCabe meeting deepens
crisis
The crisis facing the Government over its handling of false
allegations of child sex abuse against Sgt Maurice McCabe
is set to deepen as Fianna Fil leader Michel Martin meets
the whistleblower today.

The meeting, following a request from Mr Martin to see a


copy of the Tusla file on the false allegations, could put
more pressure on Garda Commissioner Nirn OSullivan to
step aside.
Widely differing accounts between Fianna Fil and Fine
Gael on including the child and family agency file details in
an inquiry are also threatening, for the first time, to break
up the government support deal.
And as the blame game escalates among ministers over a
failure to highlight the Tusla file, Sinn Fin will this week
also try and force a snap election with a motion of no
confidence in the Government. Its success though would
require Fianna Fil to tear up its support deal with Fine
Gael.
Mr Martin is set to meet Sgt McCabe at a location outside
Dublin today in order to see the Tusla file. The Fianna Fil
leaders direct intervention previously saw him meet the
sergeant in 2014, following Mr Martins request to then
view a dossier on serious claims of malpractice in the
force.
That meeting led to the setting up of the Guerin inquiry,
which led to the OHiggins commission, which vindicated
Sgt McCabes claims of malpractice.
Todays meeting comes amid growing calls for
Commissioner OSullivan to step aside for the duration of
the Charleton Commission which will inquire into whether
there was a smear campaign against Sgt McCabe at the
highest level within the force.
It follows another dramatic day of developments yesterday
and problems for the Government, which now threaten to
bring down Taoiseach Enda Kennys administration.
Fianna Fil and Fine Gael were in bitter exchanges last
night over whether Justice Minister Frances Fitzgerald was
warned by her counterpart last Wednesday over the Tusla
file fallout ahead.
Ms Fitzgerald insists the first she heard about the Tusla file
was upon watching an RT report on the scandal last
Thursday, after it was also earlier published in the Irish
Examiner.
In a shock development though, Fianna Fil said its justice
spokesman Jim OCallaghan flagged the issue of the Tusla
file with the minister on Wednesday night.
Furthermore, Fianna Fil maintains the minister was
advised to speak with Minister for Children Katherine
Zappone on the issue as she oversees Tusla.
Opposition TDs are now questioning if there has been a
cover-up and are asking why Ms Fitzgerald did not mention
Tusla in the Dil on Thursday in a debate on the inquiry or
at a Cabinet meeting last week.
Furthermore, Ms Zappone is under huge pressure to
explain why she never spoke up at the Cabinet meeting
and alerted colleagues to the Tusla case, especially with
an apology pending for Sgt McCabe and an inquiry being
set up.
Ms Fitzgerald says that Ms Zappone told her by phone on
January 25 that she was meeting Sgt McCabe.
But the two apparently never discussed any more.
I said thanks for calling me Katherine, and that was it,
the Tnaiste told RT yesterday.
Taoiseach Enda Kenny was equally vague about what he or
ministers had known about the Tusla case, which will now
specifically form part of the Charleton Commission.
Asked three times by RTs The Week in Politics yesterday
about if or when he had heard of the rumours in Leinster
House about the Tusla allegations against Sgt McCabe, he
responded:
You work in Leinster House for many years, it is a place of
inexhaustible rumours, hearsay, and allegations.
He did not ask Ms Zappone about meeting Sgt McCabe, as
it was in a private capacity.
It is also unclear where government partners the
Independent Alliance stand on the crisis.
In a further development last night, Sgt McCabe and his
family rejected a HSE apology over its role in the Tusla file
blunder and said they would have no further contact with
the service or Tusla.
Meanwhile, Mr Kenny says he is open to the idea of a
criminal investigation into the whistleblower smear
campaign, a move which could involve an outside police
force.
Sgt McCabe says he would prefer an external criminal
probe, a position backed by the Labour party.
The use of external law enforcement officers would require
legislation to grant them investigative powers.
The FBI was called in in 2000 to examine Garda actions
during the Abbeylara siege.
http://www.irishexaminer.com/ireland/maurice-mccabe-
meeting-deepens-crisis-442780.html

GOVERNMENT CHIEF WHIP AND


MINISTER OF STATE TO THE
TAOISEACH, MINISTER SEAMUS
BRENNAN T.D. REACTS TO SUPREME
COURT JUDGEMENT
The judgement as delivered by the Supreme Court this
morning regarding the Abbeylara Inquiry is disappointing
and is a major setback to the role of the Houses of the
Oireachtas in its Committee work.
Although I welcome the fact that this judgement is
confined to "Abbeylara" type inquiries it no doubt casts
serious implications on the future of the entire committee
system. This system of committee inquiry has proved to
be a welcome, innovative and cost effective alternative to
Tribunals and other Public Inquiries. The Government
together with Members of the Dail and Seanad will now
have to study this lengthy judgement to ascertain what
steps, whether by way of legislation or Constitutional
referendum, can be taken to seek to restore some
appropriate power and investigative authority to the
Oireachtas and its Committee system.

Don't panic or be seen to panic


Varadkar's message to party
colleagues as he cuts short
Colombia trip
TDs are 'freaking out' at the Taoiseach and Tnaiste's
handling of Garda whistleblower crisis
: Varadkar returns from Colombia trip early
: Government get set for vote of no confidence
: Martin: An election will only delay investigation

Kevin Doyle Twitter


EMAIL
PUBLISHED
13/02/2017

Leo Varadkar has urged party colleagues


"not to panic" as he flies home from
Colombia to help the Government survive
the no-confidence motion.
:
The Social Protection Minister had to ask permission from
President Michael D Higgins to cut short his participation
in the historic visit.
It comes as Fine Gael sources told the Irish Independent
TDs are "freaking out" at the Taoiseach and Tnaiste's
handling of the Garda whistleblower crisis.
Most felt their criticisms were too harsh to air publicly at
this time, but there is a growing consensus within the
party that Mr Kenny's days as leader have been cut short
by the debacle.
"If he doesn't make an announcement soon it will be made
for him," one TD, who would be seen as loyal to the
Taoiseach, said.
The sense of crisis has been heightened by an opinion poll
which puts Fine Gael on just 21pc, compared with Fianna
Fil's 32pc.

Officially, Mr Varadkar's decision to return home three


days ahead of schedule is due to the need for every
Government TD to be present for Sinn Fin's vote of no
confidence next Thursday.

Read more: Furious family of whistleblower say HSE


apology was 'shocking and false'
Read more: Time for rank-and-file garda to make their
feelings known
However, sources believe it is also a sign of just how
precarious the entire situation has become for Mr Kenny's
Government.
The Irish Independent has learned that in a message to
party colleagues yesterday, Mr Varadkar said: "Worrying
poll and trend. Important not to panic or be seen to panic.
Everyone needs to stick together this week."

Fine Gael TDs suggested that Children's Minister Katherine


Zappone and Garda Commissioner Nirn O'Sullivan may
have to resign over the controversy if they are to stop
Fianna Fil from collapsing the Government.
#HaveYourSay: Do you think the government will survive
the whistleblower controversy?

Yes 33%
No 67%
VOTE
THANK YOU
We're very damaged by this. It's a big, huge rotten mess
and the truth is nobody knows how to solve it," one TD
said.
Minister for Education and Skills Richard Bruton told
RT's Sean O'Rourke show that the Government is
"nervous".
"There will always be this chase of who said what and who
knew when and where. The core issue is that the
Government handles this. We sought to ensure this by
setting up an inquiry we did not cast aspersions on anyone
until the evidence is sifted.
"People are calm, but if there is a fury in the papers people
will get nervous but I think the job of the Taoiseach and
the Cabinet is to demonstrate what we are doing is in the
public interest."
Dublin North West TD Noel Rock, who was one of the
party's breakthrough candidates in last year's election,
said: "Opinion polls ask if there was an election tomorrow,
who would you vote for? This is obviously a problem for
Fine Gael, as the Taoiseach has been adamant that he's not
leading Fine Gael into the next election.
"So, when people are polled they have no idea who they're
being asked to vote for as Taoiseach.
"It's understandable that our poll rating will be depressed
in those circumstances and it will probably remain that
way until we are able to show who will be leading Fine
Gael into the next election."
Meanwhile, Fianna Fil spokesperson on Public
Expenditure Dara Calleary did note there are "serious mis-
communication issues" at the heart of the Government.
He said he cannot understand how the minister failed to
follow up with Minister Zappone when she was aware she
had met with Sergeant McCabe.
Furthermore, Chair of the Joint Oireachtas Committee on
Children and Youth Affairs Jim Daly said he thinks the
terms of reference of the Charleton Inquiry should be
expanded to include the information in relation to Tusla.
Fianna Fil leader Michel Martin also spoke out this
morning and said an election now will delay the
investigation and any possible consequences.
He told Cork's 96fm Opinion Line he finds it "hard to
believe" it was a copy and past error on the Tusla report
and said there appears to be "unrelenting" attacks on Sgt
McCabe for years.
"The Commissioner herself should assess where she
stands," he said.
'Politically irresponsible'
Fine Gael TD Alan Farrell said Sinn Fin's opportunistic
move at calling a vote of no confidence is "politically
irresponsible".
He also said answers must be provided to Sergeant
McCabe "as a matter of urgency".
The information which has come to light over the past
few days is deeply concerning and I believe the
Commission of Inquiry into this must start urgently," he
said this morning.
"The level of ineptitude which is suggested by reports
regarding the actions of TUSLA and An Garda Sochna is
deeply troubling.
"Any political opportunism designed to bolster polling
numbers should be treated with complete disdain by the
Irish people as it will only serve to delay this crucial
process."
http://www.independent.ie/irish-news/politics/dont-panic-or-be-
seen-to-panic-varadkars-message-to-party-colleagues-as-he-cuts-
short-colombia-trip-35445656.html
By being honest and trying to do the right thing Garda McCabe found
himself been treated like dirt by garda management, now it seems that
some of the leaders of our government are also involved in the awful
treatment of this good man. It's a sad time when we put our faith in
certain people to do the best for us and keep us safe and then they turn
out to be not what we expected and are a major disappointment.
All my life I've heard people talk about corrupt police and corrupt
governments in Latin America or eastern Europe.
Looks like we didn't need to look that far away after all.
As I write this, I cannot get the song "banana republic" out of my head.
the choice is limited, we need more options or either that we abstain
from voting & take to the streets. If the parties in the Dal had any
integrity & did the job we wouldn't need to be voicing concern.
Absolutely sickening that FG TD's are more upset about the handling of
the crisis rather than the events which have caused it. Is there no
concern for McCabe, and his family, or for the other whistle-blowers?
How about the incompetence from Tsla and the HSE - how many files
contain inaccurate information - how many children are genuinely at
risk, why aren't accusations of abuse followed up on immediately? Are
FG TD's really so stupid and blind that they were unaware of what was
going on - either way they are totally unfit for government.
It is truly appalling how Garda McCabe has been treated for more than
10 years. I hope he takes plenty of scalps along the way , notably any
Minister, TD or high ranking Garda that have turned their back on him
or tried to defame him into submission.

Secondly I really hope he gets a massive compensation package from the


state for all his hardship (if Mick Wallace gets 200k for 12 hours in a
garda cell surely he'll get 5m+).

Over 25 years ago a couple of shopkeepers in my local town went to the


local Superintedent to report a Garda they had caught stealing on
numerous occasions on CCTV in their various shops. They were told to
forget it as he was close to retirement and that he would be spoken to.
That in my opinion sums up their attitude to outsiders and will take a
superlative storm to change it.

Explained: The eight


latest details in the garda
whistleblower
controversy
As pressure mounts on the
government, here are the latest details
you need to know about the
whistleblower crisis
Catherine Devine and Niall O'Connor
PUBLISHED
13/02/2017




2
Some of the players in the controversy include, from left, Garda
Commissioner Noirin OSullivan, her predecessor Martin Callinan,
Superintendent David Taylor, Sergeant Maurice McCabe, Tanaiste
and Minister for Justice Frances Fitzgerald, former justice minister
Alan Shatter, Children and Youth Affairs Minister Katherine
Zappone
As the garda whistleblower controversy
continues to dominate the headlines this
week, here are the eight latest details you
need to know about the crisis:
1. Garda Commissioner releases statement
Garda Commissioner Noirn O'Sullivan said she will not be
stepping down while an investigation into the
whistleblower controversy takes place.
In a statement released this afternoon, Ms O'Sullivan
wrote: "My position remains unchanged. Nothing has
emerged in the last three weeks which in any way changes
that situation."

2
2
Whistleblower: Garda Sergeant Maurice McCabe. Photo: Tom
Burke
The Garda Commissioner said the "campaign of false
accusations, repeated and multiplied" do not make her
"guilty of anything".
She continued; "I have made it clear that I was not part of
any campaign to spread rumours about Sergeant McCabe
and didn't know it was happening at the time it was
happening.
"I have repeatedly refuted that claim and do so again."
She wrote; "The easiest option for me would be to step
aside until the Commission finishes its work.
"I'm not taking that option because I am innocent and
because An Garda Sochna, under my leadership, has
been making significant progress, with the help of our
people, the Government, the Policing Authority and Garda
Inspectorate, in becoming a beacon of twenty first century
policing."
2. Varadkar's message
Varadkar has urged party colleagues "not to panic" after it
was revealed that TDs are "freaking out" at the Taoiseach
and Tnaiste's handling of the Garda whistleblower crisis.
3. Crisis in Government
A motion of no confidence in the Government will be held
in the Dil on Thursday. The motion was called for by Sinn
Fin as many TDs criticise the Taoiseach and Tnaiste's
handling of the garda whistleblower crisis.
The sense of crisis has been heightened by an opinion poll
which puts Fine Gael on just 21pc, compared with Fianna
Fil's 32pc.
Fine Gael TD Alan Farrell said Sinn Fin's opportunistic
move at calling the vote of no confidence is "politically
irresponsible".
"Any political opportunism designed to bolster polling
numbers should be treated with complete disdain by the
Irish people as it will only serve to delay this crucial
process," he said in a statement this morning.
4. FF Public Expenditure spokesperson Calleary
has '100pc confidence' in Justice Minister
Fianna Fil spokesperson on Public Expenditure Dara
Calleary said he has "100pc confidence" that Justice
Minister Frances Fitzgerald is telling the truth. However,
he did note there are "serious mis-communication issues"
at the heart of the Government.
He said he cannot understand how the minister failed to
follow up with Minister Zappone when she was aware she
had met with Sergeant McCabe.
5. FF Justice spokesperson Jim O'Callaghan
speaks out
Mr O'Callaghan told Newstalk's Breakfast that is '100pc
certain' that he mentioned the Tusla file on garda
whistleblower Maurice McCabe to the Minister for Justice
on Wednesday, one day before the Prime Time
programme.
Tnaiste Frances Fitzgerald said the first she heard of the
details when she watched the RTE programme.
6. HSE trying to contact Sgt McCabe
The HSE are still trying to contact Sgt Maurice McCabe.
Yesterday evening, Maurice and Lorraine McCabe told
RT News they have decided to have no further direct
engagement with the HSE or Tusla in the wake of an
apology over a file by the Child and Family Agency Tusla
containing false allegations of sexual abuse against him.
7. Tnaiste criticised by TDs
Tanaiste and Minister for Justice Frances Fitzgerald has
been accused of throwing her colleague Minister for
Children Katherine Zappone under the bus. Ms Fitzgerald
has vehemently stuck to her statement that she knew
nothing about the link until Thursday night.
The Tanaiste told RTE yesterday that Ms Zappone rang
her on January 25 to say she was meeting with Sgt McCabe
but the Tanaiste said she did not ask any more questions
as she respected the privacy of the meeting.
Independent4Change TD Clare Daly said that this answer
was "not credible".
8. Martin: An election will delay investigation
Fianna Fil leader Micheal Martin said Garda
Commissioner Noirin O'Sullivan should "assess" her own
position. But Mr Martin has ruled out collapsing the
Government over the Tusla and whistleblower
controversies, saying doing could jeopardise the prospect
of securing "answers" and could delay the investigation.
Speaking on the Opinion Line on Cork's 96fm, the TD hit
out at Sinn Fein over what he described as an
"opportunistic" motion of confidence in the government.
But Mr Martin appeared to shift his position in relation to
the Commissioner's future.
"The Commissioner herself should assess where she
stands," he added.
http://www.independent.ie/irish-news/explained-the-eight-latest-
details-in-the-garda-whistleblower-controversy-35446458.html?
utm_source=outbrain_top_drawer&utm_medium=outbrain&utm_ca
mpaign=Outbrain%2520On%2520Site

Jim O'Callaghan '100pc'


told Tanaiste about Tusla
file before RTE show
Micheal Martin says Commissioner
Noirn O'Sullivan should 'assess' her
position
Niall O'Connor and Ralph Riegel
PUBLISHED
13/02/2017

Jim O'Callaghan says he met with Frances Fitzgerald on


Wednesday
Fianna Fil justice spokesperson Jim
O'Callaghan has claimed he is certain he
mentioned the Tusla file on garda
whistelblower Maurice McCabe to Justice
Minister Frances Fitzgerald last Wednesday.
On Sunday Ms Fitzgerald said the first time she learned of
the allegations was when she watched RTE's Prime Time
on Thursday night.
This latest revelation is further evidence of the huge gulf
that is growing between the government and main
opposition party Fianna Fil, which facilitates the minority
governement.
Appearing on Newstalk Breakfast this morning Mr
O'Callaghan said he was instructed to go to the Tanaiste by
his party leader Micheal Martin last Wednesday, a full 24
hours before the show was broadcast.

96fm Opinion Line


.: Says election will delay investigation and consequences.
9:20 AM - 13 Feb 2017

96fm Opinion Line


.: MM finds it very hard to believe copy & paste error. He
says there appears to be unrelenting attacks on McCabe
for yrs.
9:28 AM - 13 Feb 2017
When asked by host Shane Coleman if he said this to Ms
Fitzgerald, Mr O'Callaghan said: "There is obviously
conflict here. I'm 100pc certain I did."
He added: "I remember saying to her 'Frances you need to
speak to Katherine Zappone as she met Sgt McCabe, she
has this information about the Tusla file."
"The important thing to say is that I mentioned it to her."
Later on RTE Radio One Mr O'Callaghan said he
mentioned Tusla "three or four times" to Ms Fitzgerald.
He repeated his claims that he told her about the report.
"I'm a hundred per cent that I did mention Tusla and I'm
also a hundred percent certain that I said to the Tanaiste,
and the words I used were - 'Frances, you need to speak to
Katherine Zappone because she has met Sgt McCabe and
she has full knowledge about this issue'."
When asked by host Sean O'Rourke about how many times
he believes he mentioned Tusla, he stated: "I said it 3 or 4
times, when we sat down I said there's an issue here,
Primetime are doing a programme tomorrow night about a
Tusla file, Michel Martin has just mentioned it to me and
he has just spoken to Maurice McCabe."
Micheal Martin has said Garda Commissioner Noirin
O'Sullivan should "assess" her own position in light of the
controversy.
But Mr Martin has ruled out collapsing the Government
over the Tusla and whistleblower controversies, saying
doing could jeopardise the prospect of securing "answers."
Speaking on the Opinion Line on Cork's 96fm, the TD hit
out at Sinn Fein over what he described as an
"opportunistic" motion of confidence in the government.
But Mr Martin appeared to shift his position in relation to
the Commissioner's future.
Pressed by Presenter PJ Coogan over the matter, Mr
Martin said Commissioner O'Sullivan should "assess" this
matter herself.
"The Commissioner herself should assess where she
stands."
Mr Martin said he would be putting it to the Dil that
Ministers Fitzgerald and Zappone should come before the
house and answer questions in relation to this,
Mr Martin plans to meet with Sergeant McCabe later today
for an update on the controversy and the treatment of
garda whistleblowers that has now rocked the
Government.
I found it incredible that the Cabinet itself took a decision
on the establishment of the (Judge) Charlton inquiry given
that this very pertinent issue of the Tusla file was known to
Minister Zappone, he said.
By this stage, the Tusla file had been discredited. Tusla
themselves had put their hands up, the HSE had put their
hands up Katherine Zappone had met Maurice McCabe
two weeks ago, he told the radio show.
There was no reason why Katherine Zappone could not
have briefed the Cabinet. I am simply saying that a false
file or a file that had no bearing (was known about) - there
is no reason why that shouldnt have been said to Cabinet.
Mr Martin said, in his opinion, the core issue was which
Government ministers were informed of specific details of
the Tusla file and the McCabe meeting.
I would refer people back to Katherine Zappone's first
statement on Friday which I think has been lost sight of,
he said.
We need a far more concrete explanation as to the
difference between her first statement and her second
statement on Friday.
Her first statement said she briefed relevant Cabinet
colleagues I think we need to find out what does that
mean? I dont buy the argument that it means, as the
subsequent statement tries to portray, that it simply meant
that I met Maurice McCabe.
I have some difficulties with that. Katherine Zappone was
not available for personal reasons all weekend to explain
this. It is an opportunity today for Katherine Zappone to
fully explain this.
The Fianna Fil leader was also scathing of the Sinn Fin
intervention to table a confidence motion.
(Pursuing ministers) to answer in the Dil, to be
accountable to Dil members - that would have been the
more intelligent and sincere thing to do in my view rather
than just slap down a motion of confidence which means
the entire week will just be on the confidence motion.
Ministers can be protected now from coming in (to be
questioned) and I hope that is not the case.
Fianna Fil will abstain on the Sinn Fin motion, warning
that there is no desire for an election.
I dont think the Irish people want a general election
every few months. But people are very, very angry about
the way in which a good and decent person (Maurice
McCabe) was treated.
2
2
Fianna Fail TD and barrister Jim O'Callaghan Photo: Tom Burke
Mr O'Callaghan said he contacted Ms Fitzgerald on the
phone.
They arranged to meet face-to-face in the members'
section Leinster House.
"I told her there was an issue around a Tusla file that was
going to be broadcast on RTE's Primetime on the
Thursday.
"I told her that in my opinion the terms of reference were
not sufficiently broad.
"We then had a discussion for about seven or eight
minutes about paragraph B of the terms of reference. And
the point I was making to her was that the terms of
reference in paragraph B was limited to communications
between Supt [Dave] Taylor and the broadcasting media.
"I said it needed to be broader than that. My thinking was
that it would cover Tusla and other things we do not
know."
"I spoke to the Tanaiste. I felt we were doing the
government and the Tanaiste a favour."
He said she was skeptical about this initially.

When asked by host Shane Coleman if he said this to Ms


Fitzgerald, Mr O'Callaghan said: "There is obviously
conflict here. I'm 100pc certain I did."
He added: "I remember saying to her 'Frances you need to
speak to Katherine Zappone as she met Sgt McCabe, she
has this information about the Tusla file."
"The important thing to say is that I mentioned it to her."
Later on RTE Radio One Mr O'Callaghan said he
mentioned Tusla "three or four times" to Ms Fitzgerald.
He repeated his claims that he told her about the report.
"I'm a hundred per cent that I did mention Tusla and I'm
also a hundred percent certain that I said to the Tanaiste,
and the words I used were - 'Frances, you need to speak to
Katherine Zappone because she has met Sgt McCabe and
she has full knowledge about this issue'."
When asked by host Sean O'Rourke about how many times
he believes he mentioned Tusla, he stated: "I said it 3 or 4
times, when we sat down I said there's an issue here,
Primetime are doing a programme tomorrow night about a
Tusla file, Michel Martin has just mentioned it to me and
he has just spoken to Maurice McCabe."
Micheal Martin has said Garda Commissioner Noirin
O'Sullivan should "assess" her own position in light of the
controversy.
But Mr Martin has ruled out collapsing the Government
over the Tusla and whistleblower controversies, saying
doing could jeopardise the prospect of securing "answers."
Speaking on the Opinion Line on Cork's 96fm, the TD hit
out at Sinn Fein over what he described as an
"opportunistic" motion of confidence in the government.
But Mr Martin appeared to shift his position in relation to
the Commissioner's future.
Pressed by Presenter PJ Coogan over the matter, Mr
Martin said Commissioner O'Sullivan should "assess" this
matter herself.
"The Commissioner herself should assess where she
stands."
Mr Martin said he would be putting it to the Dil that
Ministers Fitzgerald and Zappone should come before the
house and answer questions in relation to this,
Mr Martin plans to meet with Sergeant McCabe later today
for an update on the controversy and the treatment of
garda whistleblowers that has now rocked the
Government.
I found it incredible that the Cabinet itself took a decision
on the establishment of the (Judge) Charlton inquiry given
that this very pertinent issue of the Tusla file was known to
Minister Zappone, he said.
By this stage, the Tusla file had been discredited. Tusla
themselves had put their hands up, the HSE had put their
hands up Katherine Zappone had met Maurice McCabe
two weeks ago, he told the radio show.
There was no reason why Katherine Zappone could not
have briefed the Cabinet. I am simply saying that a false
file or a file that had no bearing (was known about) - there
is no reason why that shouldnt have been said to Cabinet.
Mr Martin said, in his opinion, the core issue was which
Government ministers were informed of specific details of
the Tusla file and the McCabe meeting.
I would refer people back to Katherine Zappone's first
statement on Friday which I think has been lost sight of,
he said.
We need a far more concrete explanation as to the
difference between her first statement and her second
statement on Friday.
Her first statement said she briefed relevant Cabinet
colleagues I think we need to find out what does that
mean? I dont buy the argument that it means, as the
subsequent statement tries to portray, that it simply meant
that I met Maurice McCabe.
I have some difficulties with that. Katherine Zappone was
not available for personal reasons all weekend to explain
this. It is an opportunity today for Katherine Zappone to
fully explain this.
The Fianna Fil leader was also scathing of the Sinn Fin
intervention to table a confidence motion.
(Pursuing ministers) to answer in the Dil, to be
accountable to Dil members - that would have been the
more intelligent and sincere thing to do in my view rather
than just slap down a motion of confidence which means
the entire week will just be on the confidence motion.
Ministers can be protected now from coming in (to be
questioned) and I hope that is not the case.
Fianna Fil will abstain on the Sinn Fin motion, warning
that there is no desire for an election.
I dont think the Irish people want a general election
every few months. But people are very, very angry about
the way in which a good and decent person (Maurice
McCabe) was treated.
http://www.independent.ie/irish-news/politics/jim-
ocallaghan-100pc-told-tanaiste-about-tusla-file-before-
rte-show-35446501.html
Chaos as FF and
Fitzgerald at odds on
Tusla McCabe link
Disputed 'meeting' took place in the
Dil bar

Kevin Doyle Twitter


EMAIL
PUBLISHED
13/02/2017

3
Garda whistleblower Maurice McCabe, who is to get a full apology
over an untrue report that he allegedly raped a girl. Photo: Niall
Carson/PA Wire
The chaotic handling of the Garda
whistleblower scandal is threatening
political stability as Fianna Fil claims it
warned the Tnaiste of a Tusla link last
Wednesday.
As the crisis deepened further yesterday, Frances
Fitzgerald vehemently denied that Fianna Fil's justice
spokesman Jim O'Callaghan told her she needed to talk to
the Children's Minister before details of a bogus Tusla file
became public knowledge.
The Irish Independent has learned the disputed meeting
was informal and actually took place in the Dil bar at
5.30pm on Wednesday after Mr O'Callaghan contacted the
Justice Minister by phone.
Ms Fitzgerald said yesterday the first she knew about the
Tusla file, which wrongly alleged Sergeant Maurice
McCabe had molested a child, was when it was reported in
the media on Thursday night.
"Deputy O'Callaghan said to me that 'Prime Time' would
have a programme the following evening related the
establishment of the Commission [into the alleged smear
campaign against Sgt McCabe].
"At no point did he mention Tusla or any of the details that
emerged in the programme," Ms Fitzgerald said.
Under fire: Nirn OSullivan. Photo: Colin Keegan, Collins Dublin.
However, Fianna Fil was adamant he did mention Tusla
and suggested that Children's Minister Katherine Zappone
might have further information.
Fianna Fil leader Michel Martin said Mr O'Callaghan
spoke with Ms Fitzgerald on Wednesday "specifically to
broaden the terms of reference of the Charleton Inquiry to
take on board the Tusla file because we had been alerted to
it and I had spoken to Maurice McCabe on the
Wednesday".
Ms Zappone is due to arrive home from the United States
today amid much speculation about her position at
Cabinet.
A number of Fine Gael ministers told the Irish
Independent last night that they remain furious with Ms
Zappone for "creating this storm".
Fianna Fil leader Michel Martin plans to abstain in the vote.
Photo: Gareth Chaney Collins
The Independent Alliance is to demand that she provide a
detailed report at tomorrow's Cabinet meeting on the
sequences of events that have led to the current
controversy.
Minister John Halligan said he and his colleagues will
meet after Cabinet to decide if Ms Zappone's explanation
is adequate.
"We're being reasonable in this. We're going to see what
happens at Cabinet and look for a report from Minister
Zappone, the Taoiseach and the Tnaiste," he said.
Garda Commissioner Nirn O'Sullivan's position is also
expected to come back under the spotlight in the coming
days.
Despite the ongoing row, Fianna Fil plans to abstain on a
motion of no confidence in the Government on Thursday
because it sees it as a "political stunt" by Sinn Fin.
However, it is understood its confidence in Ms O'Sullivan
is weakening and while it will not seek her resignation, it
may yet call for her to consider her position. To date, the
party has steadfastly insisted that she should not be asked
to step aside while the Commission of Investigation takes
place.
Meanwhile, on RT's 'This Week' programme, Taoiseach
Enda Kenny said he would be open to the idea of a
criminal investigation into the smear campaign.
"In order to have a criminal investigation, you have to
evidence of criminality," said Mr Kenny.
"As the Charleton Inquiry gets under way, who knows
what may arise here.
"So, I don't rule that out."
http://www.independent.ie/irish-news/politics/chaos-as-
ff-and-fitzgerald-at-odds-on-tusla-mccabe-link-
35445660.html

FITZGERALD WONT SAY


WHETHER GARDA
COMMISSIONER WILL STEP
ASIDE DURING
WHISTLEBLOWER INQUIRY
TUESDAY, FEBRUARY 07, 2017
Update: 7.45pm.: An Garda Sochna has said it
welcomes and will co-operate fully with the Commission
chaired by Mr Justice Peter Charlton so that the truth
and facts are established.
Update: 3pm.: The Tnaiste and Justice Minister
Frances Fitzgerald has confirmed that a commission of
investigation into the Garda whistleblower claims will be
led by Supreme Court judge Peter Charlton.
Minister Fitzgerald confirmed she has accepted the
recommendations and terms of reference for the inquiry
in full as suggested by retired judge Iarfhlaith ONeill,
who carried out a scoping inquiry.

She has refused to say whether Garda Commissioner


Noirn OSullivan or any other senior officer will be asked
to step aside while the inquiry takes place.
The Tnaiste said she is restricted on what she can say
by the whistleblowers legislation.
These are allegations, there is no prima facie case
against anyone, she said today. What I will be doing is
laying before the house a draft order establishing the
commission of investigation.
The judge has recommended that this is the way
forward. I will be accepting his recommendations in full
and his terms of reference in full. I will be publishing the
parts of the report that Im in a position to publish
tomorrow.
Earlier: A full commission of investigation is to be set
up into allegations of a smear campaign against two
Garda whistleblowers.
The inquiry has been agreed following a report by a
retired High Court judge Iarfhlaith ONeill (pictured)
which was presented at Cabinet today.
It is understood that the report which hasnt been
published recommends further examination of the
claims.
Last October, the retired High Court judge was asked to
investigate claims from Superintendent David Taylor that
he and others had been told by senior Garda
management to orchestrate a campaign to undermine
whistleblower Superintendent Maurice McCabe and
others.
The claims, which Garda Commissioner Nirn OSullivan
and other senior managers have rejected, relate to
repeated leaks of rumours surrounding Sgt McCabes
personal and professional life, an issue Sgt Taylor said
he was asked to organise as then-head of the garda
press office.
In early December, Mr Justice O Neill provided a report
on the controversy to Ms Fitzgerald which is understood
to have recommended a commission of investigation be
set up to examine the matter further.
Fianna Fail justice spokesman Jim OCallaghan said:
Fianna Fail has been clear in saying that such an
investigation is needed.
We now look forward to Judge Peter Charleton working
towards a speedy conclusion to his investigation so that
we can get to the truth of these matters as soon as
possible.
Garda Commissioner Noirin OSullivan has insisted she
knew nothing about the alleged smear campaign.
Jonathan OBrien, Sinn Fein justice spokesman, said
Judge ONeills report is of enormous public interest
and called for a timeline for the inquiry.
Given the very serious allegations made against Garda
management by the whistleblowers and alleged
attempts to denigrate the name and reputation of
Maurice McCabe, there is a very serious sense of
urgency, he said.
http://www.carlow-
nationalist.ie/2017/02/07/government-to-launch-
commission-of-investigation-on-foot-of-garda-
whistleblower-report/

Mr Justice Peter Charleton is a judge of the High Court. ....


had facilitated Garda enquiries and 'relieved them of the
necessity 2013
http://www.pbni.org.uk/wp-
content/uploads/2015/02/IPJ-Vol-10-2013.pdf

So... how did O'Callaghan know about the file? And how did he know
that Katherine Zappone had met McCabe about it and had 'full
knowledge' of the issue? And if Micheal Martin instructed him to go to
Fitzgerald, does that mean Martin also knew about TUSLA? And if
Martin and O'Callaghan knew, how come Fitzgerald or Kenny didn't?
None of this makes sense.
Do I believe FG - NO

Do I believe FF NO
My impression of Fitzgerald is that she does not want to be told bad
things as she doesn't know what to do about them and doesn't want to
have to deal with them.
According to media reports yesterday she received over 10 letters from
another Garda whistleblower who has been treated the same as Mc Cabe
and has not responded to the letters or done anything about it.
Putting on that face of injured innocence in RTE interviews is what
Fitzgerald does best
I hope FF do pull the rug out from under FG. I hope there is an election,
resulting in neither of those two parties being in a position to Govern
our Country. Combined, they've brought the Country to its knees, in one
way or another.
Who to replace them with is another question, though....

We seriously need a new group of ethical politicians, who understand


that they are elected to serve the Irish people - not their own party
THE SHEEPLE LET THIS HAPPEN
we need to elect a sheep dog to keep them in line
I would love to put forward my Labrador as tea shock he would of
achieved more
He would of sniffed out deals wagged his tail and made less of a dogs
dinner
He would not of barked up the wrong tree and did a biggie in the EU
parliament
political parties trample over Maurice McCabe and his family's
sensibilities as they skirmish to score a few points over each other.
THE PEOPLE OF IRELAND, WE NEED TO STAND BY THIS MAN,
GARDA MAURICE MC CABE, AND WIFE CLARE AND HIS FAMILY,
HOW CAN THEY HAVE COVERED UP FOR TOO LONG, AND
CAUSED THIS MAN AND HIS FAMILY MENTAL TORTURE AND A
TOTAL OF HUMAN RIGHTS ABUSE< HOW LOW CAN YOU GET ,
THE COMMMISSIONER AND FG, FF, AND 1 IND ARE PYCOPATHS
AND ONE SICK MOTHER FUCKERS TO ABUSE THEIR POWERS
AND SET IN MOTION A SERIOUS OFFENCE CHARGE ON THIS
MAN UNDER FALSE ALLEGATIONS OF CHILD ABUSE WHO IN THE
RIGHT MIND COULD DO SUCH A CRIME, WELL HERE THEY ARE
THE HSE WHO WERE AWARE AND KNEW ABOUT THE
ALLEGATION AND SAID NOTHING, AND, TULSA A PRIVATE
QAUNGO COMPANY FROM SCOTLAND, WHO PAERPETRATED IN
AND COLLABERATED INTO CONSPIRACY, BY HELPING TO
ENGAGE AND FRAME MAURICE O CABE IN A COPY AND PASTE
SET UP FRAMING THE MAN AND HIS GOOD REPUTATION AND
DESTROYING HIS GOOD NAME AND FAMILY , I WOULD SAY
THATS ENOUGH TO CHARGE THEM, AND A WARRANT SHOULD
BE ISSUED TO THE TULSA BUILDING FOR EVERY DOCUMENT
AND FILE ON MAURICE MC CABE , BEFORE THEY ARE TOLD BY
FG AND FF TO SHRED THE EVIDENCE, NAMES WOULD BE FILED,
AND FG MINISTERS, AND GARDA COMMISIONERS ALL GUILTY AS
CHARGED, THEY LIED, THEY COVERED UP, THEY SHREDDED
SOME OF THE EVIDENCE BUT SOME SURVIVED, THEY ALSO
TRIED TO COVER UP A TREASON AND WHITE WASH THE CRIMES
THAT THEY COMMITED COMPLETELY, ACT NOW AND CALL ON
JUSTICE...WHAT JUSTICE HAS ANY WHISTLE BLOWER SEEN YET
BY THIS GOVERNMENT ZERO, NOW WE NEED TO GET BEHIND
HIM GARDA MAURICE MC CABE AND OTHER WHISTLE
BLOWERS, AS WE THE PEOPLE OF IRELAND HAVE YOUR BACK.
Tnaiste announces
judge-led Commission of
Investigation into 'garda
whistleblower smear
campaign'

Niall O'Connor Twitter


EMAIL
PUBLISHED
07/02/2017
1
Judge Iarflaith O'Neill
TANAISTE Frances Fitzgerald has
announced a judge-led Commission of
Investigation into allegations of a smear
campaign led by garda management against
whistleblowers.
/
But the Justice Minister twice refused to say whether
Garda Commissioner Nirn OSullivan will be asked to
step aside pending the outcome of the commission.
The commission will be led by Supreme Court judge Peter
Charleton, who will have powers to compel witnesses.
The move was recommended by retired High Court judge
Iarfhlaith ONeill, who recently conducted a scoping
exercise into claims that garda management sought to
discredit garda whistleblower Sergeant Maurice McCabe.
Judge ONeills probe focused on two protected disclosures
made to Government, one submitted by Sgt McCabe and
the other by Superintendent David Taylor.
Both officers are also understood to implicate
Commissioner OSullivans predecessor Martin Callinan.
Ms Fitzgerald said she will lay an order before the Dil
tomorrow which formally establish the new commission.
She told reporters that she has already accepted the
recommendations and conclusions by Judge ONeill, as
well as a proposed terms of reference for the commission.
Ms Fitzgerald briefed both Cabinet and Fianna Fil on the
developments today.
Speaking in Dublin, Ms Fitzgerald refused to say whether
any members of garda management would step aside
pending the completion of the investigation.
In terms of your question, let me say to you that these are
allegations. There is no prima facie case against anyone. I
will be laying before the house a draft order establishing
the commission of investigation. The judge has
recommended that this is the way forward, she said.
Clearly then tomorrow when the terms of reference are
publish, clearly then it will become obvious the scale of
this commission, she added.
http://www.independent.ie/irish-news/politics/tnaiste-announces-
judgeled-commission-of-investigation-into-garda-whistleblower-smear-
campaign-35430881.html
Judge to probe former
PAC chairman's claim of
'meeting with Callinan in
car park'

Niall O'Connor Twitter


EMAIL
PUBLISHED
09/02/2017
2
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

It Will be another snared


investigation to cover up he was
selected, FG Selected Judge

Cabinet chooses High Court


judge Peter Charleton for
Supreme Court post
Vacancy created by retirement of Nial Fennelly
Tue, Jun 17, 2014, 19:03
Ruadhn Mac Cormaic
Mr Justice Peter Charleton: appointed to the Supreme Court. File Photograph:
Dara Mac Dnaill/The Irish Times
The Government has nominated High Court judge Peter
Charleton to fill the Supreme Court vacancy created by
the retirement last month of Mr Justice Nial Fennelly.
A member of the High Court bench since 2006, Mr
Justice Charleton has been assigned to commercial cases
for the past four years and has written extensively on
criminal law.
He also has experience in judicial review and personal
injury cases, is an ad hoc judge of the European Court of
Human Rights and has been supervisor of the Judicial
Researchers Office since 2011.
Mr Justice Fennelly retired last month, having served on
the Supreme Court since 2000, and has been appointed
by Government to lead the commission of inquiry into
the taping of telephone calls at Garda stations.
Educated at Trinity College Dublin and Kings Inns, Mr
Justice Charleton was called to the Bar in 1979 and took
silk in 1995. He is the author of a number books on
criminal law and has also published on family and
constitutional law, copyright, extradition and judicial
review. One of the countrys leading barristers before his
appointment as a judge, he worked as counsel for the
Morris tribunal into allegations of corruption in the
Donegal division of An Garda Sochna.
Mr Justice Charleton has lectured at Kings Inns, Trinity
College Dublin, Fordham University in New York and
Beijing University of Political Science and Law. He is
also chairman of the National Archives advisory council.
The appointment leaves a vacancy on the High Court,
which is expected to be further depleted when nine
judges are appointed to the new Court of Appeal later
this year.
Later this month, the Judicial Appointments Advisory
Board will meet to consider applications to fill the High
Court vacancy left by the retirement earlier this month of
Mr Justice Iarfhlaith ONeill. It may now use the same
panel of applicants to choose a replacement for Mr
Justice Charleton.
Two more High Court judges - Mr Justice Barry White
and Mr Justice Daniel Herbert - are due to retire before
October.
The advisory board receives applications for judicial
posts and sends Government a list of candidates who
meet a set of minimum criteria. However, the board does
not rank candidates by merit and the Government is not
required to choose from its list, giving ministers wide
discretion. Serving judges are not required to apply
through the JAAB.
http://www.irishtimes.com/news/crime-and-law/cabinet-chooses-high-
court-judge-peter-charleton-for-supreme-court-post-1.1835768

Nirn OSullivan rejects


calls to step aside: false
accusations do not make me
guilty of anything
Commissioner: I was not part of any campaign to spread
rumours about Sgt McCabe
February 13, 17
Vivienne Clarke, Sarah Bardon

Garda Commissioner Noirin OSullivan is facing calls to step down from her
position. Photograph: Dara Mac Dnaill
Garda commissioner Nirn OSullivan has said she will
not be standing down while a commission of inquiry
examines allegations over the treatment of Garda
whistleblower Sgt Maurice McCabe.
http://www.irishtimes.com/news/politics/nir%C3%ADn-o-sullivan-
rejects-calls-to-step-aside-false-accusations-do-not-make-me-guilty-of-
anything-1.2973567?mode=sample&auth-failed=1&pw-origin=http%3A
%2F%2Fwww.irishtimes.com%2Fnews%2Fpolitics%2Fn
%25C3%25B3ir%25C3%25ADn-o-sullivan-rejects-calls-to-step-aside-
false-accusations-do-not-make-me-guilty-of-anything-1.2973567

OSullivan is a liar and should not be allowed to decide herself whether


she stays or goes.
She and 2 senior officers attempted to destroy McCabes reputation at
the OHiggins commission and would have succeed in that had McCabe
not recorded the conversation he had with those officers.

http://www.irishexaminer.com/ireland/garda-commissioner-claimed-
maurice-mccabe-was-motivated-by-malice-399303.html

OSullivan remains in position because our establishment political class


of FF and FG always supports its enforcers as long as its politically
possible to do so.
Now the Government has to support the Commissioner fully |
(regardless of what she and he predecessor did) and to stitch it back to
FF.
Its all about politics, not probity and principle.
Callinan was acting on political instructions what was done to Sergeant
McCabe. Commissioner OSullivan (former Assistant Commissioner\)
helped Callinan.
We are dealing with pure political policing.
January 2006: Sgt Maurice McCabe makes a complaint in relation to
an incident where a garda had consumed alcohol before attending the
scene of a suicide. This resulted in a sanction being imposed on that
colleague. December 2006: The colleague, about whom Sgt McCabe
made the complaint, makes a complaint about Sgt McCabe on behalf of
the colleagues daughter. The daughter subsequently makes a statement
in which she alleges 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.
Absolutely shocking stuff.
plus the fact she put her husband in charge of the case where she is
blackening people names is pure irish
THIS IS THE HAND PICKED JUSDE FG SELECTED in 2012 HE IS NOT
JUDGE A JUDGE HE WORKS FOR EU TOO, HE IS A CORRUPT JUDGE
Michael Martin said he "100% supports Sgt. Maurice
McCabe"... But #FiannaFail is going to Abstain from a vote
of "No Confidence" in the Government to protected
Miriam's BRO getting involved now :-(

Jim O'Callaghan '100pc' told Tanaiste about Tusla


file before RTE show
Fianna Fil justice spokesperson Jim O'Callaghan has claimed he is
certain he mentioned the Tusla file on garda whistelblower Maurice
McCabe to Justice
INDEPENDENT.IE
Leo Varadkar has urged party colleagues "not to panic" as
he flies home from Colombia to help the Government
survive the no-confidence motion.
The Social Protection Minister had to ask permission from
President Michael D Higgins to cut short his participation
in the historic visit.
It comes as Fine Gael sources told the Irish Independent
TDs are "freaking out" at the Taoiseach and Tnaiste's
handling of the Garda whistleblower crisis.

'Don't panic or to be seen to panic' - Varadkar's


message to party colleagues as he cuts short
Colombia trip
Leo Varadkar has urged party colleagues "not to panic" as he flies
home from Colombia to help the Government survive the no-
confidence motion.
INDEPENDENT.IE

Don't panic MR MANNERING


Kenny to set up probe into garda sex abuse claims
Taoiseach Enda Kenny is expected to order an investigation into
allegations that a young woman was sexually abused by a serving
garda.
INDEPENDENT.IE
Kenny to set up probe
into garda sex abuse
claims
Paul Williams
PUBLISHED
03/05/2014

1
Taoiseach Enda Kenny
Taoiseach Enda Kenny is expected to order
an investigation into allegations that a
young woman was sexually abused by a
serving garda.
The woman's claims were passed to Mr Kenny by Fianna
Fail leader Micheal Martin who met her in his Dail office
earlier this week.
Last month the Irish Independent revealed how the 22-
year-old woman claims that her allegations were not
properly investigated by gardai and that the incident was
then covered up. It has also emerged that the complaint
was never recorded on the garda Pulse system.
The woman had an hour-long meeting with the Fianna
Fail leader on Wednesday when she asked him to include
her case in a dossier Mr Martin handed over to the
Taoiseach in February.
Meeting
A spokesman for Mr Martin confirmed the meeting had
taken place. "The woman concerned has made serious
allegations about the incident when she met with Mr
Martin," he said.
"He listened closely to what she had to say and he took her
allegations very seriously and he has written to the
Taoiseach."
Mr Kenny acknowledged receipt of the information from
the Fianna Fail leader yesterday.
The woman claims that her allegations were not properly
investigated by gardai because the officer in charge of the
inquiry worked with her alleged attacker and her father,
who is also a serving garda.
It is understood that she is also due to meet with
investigators from the Garda Siochana Ombudsman
Commission and with a solicitor with a view to
commencing a civil action against the garda concerned.
"I was delighted to meet with Mr Martin and he listened
closely to what I had to say," the woman told the Irish
Independent.
"I told him that my case had not been investigated
properly and gave him the details of the garda involved
and how I believed it had not been conducted properly,"
she added.
The woman first made the allegations against the garda in
2006 when she was 14 the abuse allegedly took place
when she was six.
The officer concerned worked with her father and the
allegations were investigated by a senior officer who
worked with her father and the alleged attacker.
A file was sent to the DPP who decided the officer did not
have a case to answer.
The woman came forward as a result of the whistleblower
controversy and allegations of systemic malpractice in the
investigation of serious crimes, including sex abuse cases.
"I think Mr Martin could see the seriousness of this when I
laid out the facts to him.
"I told him that it is my belief that the case was swept
under the carpet and covered up and he was very
concerned at that."
http://www.independent.ie/irish-news/kenny-to-set-up-probe-into-
garda-sex-abuse-claims-30240616.html

Liars Scammers and Thieves [Sez it all] please share


Did you ever wonder why people voted for liars scammers and
thieves?
Rigged elections treasonous traitors sold out our land and seas The
Judges and Gardai Civil Servants they party sure they know all the
scamsMoney deposited sanitized and laundered in Panama and the
Isle of Man
Liars scammers and this my friends Liars scammers and thieves
Now its hard to believe the bribes and payouts to liars scammers
and thieves
While the poor and homeless are living in bags out on my Dublin
Streets
People go to jail for refusing to pay for the propaganda machine
Presenters and DJs salaries and perks while people die on the
streets
Ireland is crying her children are dying evicted and show the road
The indignity of laying on hospital a trolley ashamed they stare at
the floor
The doctors nurses distressed by the cut backs the lies deceit greed
Not reported by media who lie and deceive you for Liars scammers
and Thieves
In a land of abundance beauty and wonder you wonder how this
could be.
The child rapes murders abuse and cut backs cover ups by crooked
TDs
Billions stolen assets sold and shifted to accounts overseas
Massive corruption abounds drunken clowns liars scammers and
thieves
Taxes and NAMA they try to scam ya so we gathered and fought for
our rights
Pepper sprays and batons but we stood our ground ready for the
thugs to fight
Disband the Gardai the Courts and the Army reclaim our country
Two bit gangsters dont have the answers they are Liars scammers
and thieves
Everybody knows the EUs a disaster full of parasites scammers and
thieves
Corrupted power junkies corrupt feckin monkeys bribes are
subsides
They have betrayed the ideals of the men of sixteen its so hard to
believe
Stop all the payouts pensions n perks for the liars scammers and
thieves

Second Garda whistleblower referred


to Tusla
Monday, February 13, 2017
Michael Clifford
A garda who made complaints of malpractice says he has
been subject to intimidation and harassment, including
having a minor incident between him and his wife referred
to Tusla,

Details of another whistleblower's case have been known


to the justice minister for six months and the Garda
commissioner for at least a year.

John is a Garda whistleblower whose identity is not being


made known here because of the involvement of his
children in the following narrative.
The details of his case have been known to Justice Minister
Frances Fitzgerald for the last six months and the Garda
Commissioner Nirn OSullivan for at least a year.
He says he has been subject to different forms of
intimidation and harassment since he made complaints of
malpractice. His partner is referred to here as Jane. They
have young children.
On October 5, 2013, Jane was invited to attend her local
Garda station. There had been an incident between her
and John some weeks previously. There was no physical
violence involved in the incident. A garda had been called
to the scene, but the call was not made by either John or
Jane.
At the station, she was interviewed for eight hours. Jane
says she was put under pressure to sign a statement. She
claims there was a threat that if she didnt there may be
repercussions for her and her children.
Five days later, a senior officer completed a Notification of
Suspected Child Abuse in relation to the couples children
to be dispatched to Tusla. The suspected abuse was of an
emotional nature, allegedly perpetrated on one of the
children through being present during argument between
mother and partner, according to the notification.
On October 16, a letter from Tusla stated that the
notification was received. However as there is no
evidence of abuse detailed no further action will be taken
from this service until we receive more information.
No further information was received to the best of John
and Janes knowledge. Some time after that, Jane
contacted the garda and withdrew the statement she had
made.
Jane claims that when she retracted the statement, she
was told by a garda she should think hard about doing so
as another couple in a similar situation where a statement
had been made and withdrawn subsequently had the
social services knocking on their door.
READ MORE: Michael Clifford: Cock-up or
conspiracy, its time to come clean about Maurice
McCabe claims
On February 2, 2014, the couple received another letter
from Tusla, inviting them to a meeting on the basis of the
information that had been received the previous October.
The couple attended the meeting with two Tusla
employees where it was agreed that the argument that
the couple had had was the type not unfamiliar to couples
in general. There, the couple thought, the matter rested.
Later that evening, Jane says she received a phone call
from one of the Tusla employees who the couple had met.
This woman stated she had been informed by her superior
that a home call would now be required.
According to Jane, the Tusla employee stated that this new
instruction came about after a garda had rang her
superior. This was a different outcome from that agreed
earlier at the meeting.
The Tusla employee attended the house the next day and
interviewed the children. The meeting was cordial and
without rancour. The Tusla employee then compiled a
report on the whole case, the final paragraph of which
read: It is important to note that given the nature of the
referral[the agency] made a decision that it was not in
the childrens best interests to bring up the issue in the
family home which led to the referral.
"This is based on the fact that the incident occurred in
September 2013 and on [John] and [Janes] explanation on
what happened in the context of the incident. It is likely
[childs name] may not remember the incident and even if
she did the revisiting of a one off incident would not be
beneficial to her and places unnecessary emphasis on
what occurred.
The couple had been put through four months of stress
and worry over what both regarded as a minor incident.
The extent to which Tusla investigated the original referral
appears to lack any proportionality to the incident.
John and Jane are both of the belief that the whole affair is
linked to the complaints of malpractice he has made.
Neither Tusla nor the garda will comment on individual
cases for reasons of confidentiality.
READ MORE: Criminal investigation into
whistleblower smear campaign a possibility
Meanwhile, the Garda commissioner has been aware of
this case and the allegations borne by John and Jane for at
least a year.
The Minister for Justice has been aware of these details
since last October. The garda or his representative have
sent at least 13 letters to the minister outlining what John
says he has been subjected to. Last week, a solicitor
acting for the couple wrote to the Minister for Children
with the details.
The manner of the intervention of Tusla in our clients
family life is a cause of concern and is by any measure an
inexcusable abuse of their position. Their intervention
caused our client untold stress, distress and anguish.
The couple is seeking to have a number of questions
answered:
Who directed that Tusla be contacted querying the safety
of the couples children, which subsequently warranted an
investigation?
Who directed the Tusla employee to meet with the couple
over four months after the matter appeared closed on the
basis that there was no evidence?
What new evidence prompted this meeting, in February
2014, to be requested?
What prompted Tusla to carry out a home visit and
interview the children following the couples interview with
Tusla?
Labour party TD Alan Kelly, who has been made aware of
this case in recent days, told the Irish Examiner he finds it
incredible that Ms Fitzgerald didnt join up the dots after
she was contacted by Minisiter Katherine Zappone about
the McCabe case, which also involved Tusla.
Minister Fitzgerald had in her possession letters from a
second whistleblower from October last year which
outlined similar cause for concern about how Tusla had
treated him. We now have two cases of whistle-blowers
and Tusla, yet the minister was incapable of joining up the
dots. Thats either negligence or more probably
incompetence.

Interim Report of theJoint Commitee


on Justice, Equality, Defence
and Women's Rights on the Garda
investigation of the shooting of Mr.
John Carthy at Abbeylara on 20th
April, 2000

The Secretary General


Department of Justice, Equality and Law Reform
72/76 St. Stephen's Green
Dublin 2.

Re: Investigation into the circumstances surrounding


the events at Toneymore, Abbeylara, Co. Longford on
Wednesday / Thursday, 19th / 20th April, 2000 which
resulted in the death of John Carthy, 27 years.
On learning of the fatal shooting of Mr. John Carthy at
Toneymore, Abbeylara, Co. Longford on Thursday, 20th April,
2000 I appointed Chief Superintendent Adrian Culligan,
Anglesea Garda Station, Cork City Division to investigate all
the circumstances surrounding the events at Toneymore,
Abbeylara on Wednesday / Thursday, 19th / 20th April, 2000
which resulted in the death of Mr. John Carthy. In particular
the following aspects were to be addressed :
8 A file was to be prepared for submission to the Director
of Public Prosecutions including recommendations, or
otherwise, as to whether criminal charges should be preferred.
8 All necessary documents were to be prepared for the
Coroner.
8 The effectiveness, or otherwise, of the Garda operation
was to be assessed.
Chief Superintendent Culligan and his investigation team from
Cork commenced his investigation on 21stApril, 2000 and
submitted his report to me on Wednesday, 28thJune, 2000.
Hereunder is an outline of his report:
At 5.25pm on the 19th April, 2000 the Garda at Granard, in
whose administration area Toneymore, Abbeylara is situated,
received a phone message from Rose Carthy, mother of John,
seeking Garda assistance. It appears that around 3.40pm John
Carthy had taken his legally held shotgun from a locker in their
home, loaded it and fired two shots from the front door. His
mother being afraid that he would harm himself alleges she
left the house after he had fired the first shot and went to her
sister's home, some 100 yards away. The investigation will
show that in fact she remained in the house for over an hour
during which period a further two shots were discharged.
1.2. In response to this call, two (2) Garda went to the
location in a marked Garda patrol car. One (1) of the Garda
members was wearing a civilian jacket and flak jacket over his
uniform shirt and was armed. The other member was in
uniform. On entering the property they heard two (2) shots
being discharged. They retreated and awaited further armed
back-up. On the arrival of this response, two Garda in an
unmarked Garda car, drove into the driveway, parked and
made their way to the front door. At this point they heard
breaking glass and the discharge of a further shot. They
became concerned for their personal safety and had to seek
cover. Reinforcements were made available, surrounding the
house at Toneymore, with an inner and outer cordon. Initial
negotiations were commenced by local Garda in an effort to
entice John Carthy from the house, with negative results. Over
the course of the siege, he discharged 30 shots in all, some
fired indiscriminately and others directed at Garda in the
immediate area.
1.3 Protracted negotiation over a 25 hour period, by Garda
Negotiators and civilians, failed to entice Carthy from his
home. At 5.45pm, on 20th April, 2000, John Carthy suddenly
exited the house, carrying a shotgun, despite many
exhortations by Garda to put the weapon down, he failed to
do so. At this stage the lives of Garda were deemed to be at
risk and John Carthy was fatally wounded.
2. LOCATION2.1. John Carthy lived with his widowed mother,
Rose, in the townland of Toneymore, Abbeylara, Co. Longford
in an old labourers cottage. It is situated on a minor road that
leads from Abbeylara to Ballywillian and is approximately 2
miles north of Granard, Co. Longford. A new bungalow, built
by Longford Council, for the Carthy family, is situated on land
provided by the Carthys. At the time of this incident it was
unoccupied. Since the incident the cottage has been
demolished.
3. BACKGROUND OF JOHN CARTHY3.1. John Carthy was
born on 9th October 1972 to John Carthy, Snr., and his wife,
Rose, who married in August 1972. They had two children,
John and Marie. His father died in 1990, aged 72 years. John
lived at home with his widowed mother in Abbeylara, in what
can only be described as very poor circumstances.
3.2. He attended primary School in Abbeylara and from there
went to the Vocational School in Granard where he sat his
Intermediate Certificate and continuing to Leaving Certificate.
In 1991 he repeated his Leaving Certificate at the Convent in
Granard. After 2nd level he attended Warrenstown Agricultural
College, Co. Meath to study Horticulture. He remained there
for over a year before returning home suffering from
depression. He was seen by his General Practitioner, Dr. Cullen
and was admitted to St. Loman's Psychiatric Hospital,
Mullingar on the 25th March, 1992.
This was to be his first of four admissions to Hospital, all on a
voluntary basis. Medical History is dealt with at Paragraph 6.
3.3. He subsequently secured work at a Garden Centre in
Abbeylara and afterwards at the bakery of "Pat the Baker" in
Granard during 1993. After this he sought employment in the
building trade, both as a labourer and plasterer, in Longford,
Granard and Galway.
3.4. He had a sporting interest in Clay Pigeon Shooting, but
appeared not to have been very active. He showed little
interest in field sport activities. His alleged prowess as a
handballer, is overstated.
3.5. His main social outlet was, drinking, which caused
difficulty between himself and his mother. Drinking while on
medication resulted in mood swings.
4. RELATIONSHIP4.1. John Carthy appeared to be
introverted and was a poor mixer. However, on 21st January
2000, he formed a relationship with a Kathleen McNamara,
Galway City and Westport, Co. Mayo. This relationship lasted
only a number of weeks due to his mood swings. It ended
acrimoniously and he subsequently wrote two letters to her.
4.2. In his first letter to her, dated 26th February, 2000, he is
deeply apologetic for the upset and annoyance he has caused
her and explains that because he gets "elated" from time to
time it has prevented him getting deeply involved with anyone
until he met her. He states that she is the first he has told
about his problem. He explains his "high" to her,
"everything must be instant", "makes him impatient
and argumentative" and has "racing thoughts" which he
says "causes a lot of frustration and upset to loved
ones". He states that, the way he has been acting
irrationally over the last couple of weeks has not
happened for over 5 years. He speaks of his love for her
and looks for a second chance to meet.
4.3 His second letter to her, in March 2000, has a different
tone and he questions her regarding the "Fortune Teller" and
demands an explanation as to why she was not seeing him.

4.4. His written declaration of current actions, which had not


happened for 5 years, is very significant.

5. JOHN CARTHY'S FINANCIAL SITUATION5.1. In


settlement of a personal injury accident claim John received
18,800. He lodged this sum with the Bank of Ireland in
Longford on the 11th September, 1998. During the following
ten (10) months he had disposed of this money in total. This
investigation found he had a gambling habit.
6. MEDICAL HISTORY6.1. John Carthy had as his General
Practitioner, Dr. Pat Cullen, Lakeview House, Coole, Co.
Westmeath since 1988. He first treated John for depression
which resulted in him been admitted to St. Loman's Psychiatric
Hospital, Mullingar, for a period from 25th March,1992 to 6th
April, 1992 as a voluntary patient. On admission he stated that
he had been depressed for three (3) months previously and
described suicidal ideation and had, at times, a death wish.
The diagnosis was of an endogenous depressed illness. He was
treated with "Gamanil" and "Xanax". On his being discharged
he attended Dr. Cullen monthly for the subsequent three (3)
months.
6.2. In March 1993 he again attended Dr. Cullen in relation to
an accident at work which resulted in visits over the next two
months. The doctor felt the injury was stress related and he
re-admitted John for the second time to St. Loman's, Mullingar
on the 19th July, 1993 remaining there until 4th August, 1993
as a voluntary patient. Eight (8) days later, on 12th August,
1993, he was re-admitted for the third time and remained until
30th August 1993.
He was prescribed "Gamanil" and "Melleril". He was therefore,
excluding one week, hospitalised from 19th July, 1993 to 30th
August, 1993.
6.3. He seems to have coped with his depression until 18th
January, 1995 when he was again re-admitted for the fourth
time to St. Loman's remaining until 14th February, 1995. Dr.
Cullen continued the medication as prescribed during his time
in St. Loman's.
6.4 On the 4th April, 1995 he again visited Dr. Cullen and
requested that he would be referred to Dr. David Shanley,
Consultant Psychiatrist, St. Patrick's Hospital in Dublin. On the
11th April, 1995 Dr. Shanley saw John and prescribed
"Lithium".
6.5. From May 1995 to December 1996 he attended Dr. Cullen
monthly for prescriptions and intermittent blood tests. The
"Lithium" readings were within normal range in these tests. He
also attended Dr. Shanley every two months during 1995. He
failed to keep an appointment with Doctor Shanley on 1st
December, 1995.
6.6. In February 1997 John attended Dr. Cullen after been
involved in a road traffic accident. He was referred to Dr. McGill
in Mullingar Hospital in connection with that accident.
6.7. On 2nd April, 1997 John Carthy returned to Dr. Shanley's
care. He attended the doctor on five (5) occasions between 2 nd
May, 1997 and 9th January, 1998. These visits mainly
concerned John having nightmares. He continued to see Dr.
Shanley, approximately every 8 weeks during 1998.
6.8. On the 5th August, 1998 he was prescribed his medication
by Dr. Cullen. However, he returned again on 10th August,
1998, stating he was "high" as he had been drinking all
weekend.
6.9. On the 13th August, 1998 he again attended Dr. Cullen
with a pain in his hip and on the 25th September, 1998 he
attended Dr. Cullen after allegedly having been assaulted in
the Garda Station in Granard. He was referred to Mullingar
Hospital for x-ray. This is further expanded at Paragraph 11.5.
6.10. When John Carthy attended Dr. Shanley on 8th October,
1998 there was no evidence of depression or elation. He
returned on 30th November, 1998 when he was considered to
be clinically depressed.
6.11. From the 26th December, 1998 to 5th January, 1999 he
was a patient at University College Hospital, Galway, again
suffering from depression. He was re-admitted there on the
11th January, 1999 until 13th January, 1999 under the care of
Professor Fahy.
6.12. He was seen again by Dr. Shanley on four (4) occasions
between the 29th January, 1999 and the 11th June,1999.
6.13. On the 17th February, 2000 he attended Dr. Meagher,
Coole, Co. Westmeath, who is in practice with John's G.P. Dr.
Cullen, seeking a Medical Certificate stating that he was
suffering from depression.
6.14. On the 29th February, 2000, when he attended Dr. Cullen
he was "high" and his dosage of Stelazine was increased, it
was reduced again on 10th March, 2000. That was John's final
visit to the Doctor.
6.15. John Carthy had been on continuous medication for
manic depression since 1992. He was prescribed the following
drugs, which were mostly dispensed at McEvoy's Medical Hall,
Granard (Camolit, Prothiaden, Stelazine, Melleril, Lithium,
Pinamox, Zimavone, Distalgesic).
6.16. On the day before the siege, 18th April, 2000, he had
been dispensed at Stenson's Pharmacy, Shopping Mall,
Longford the following medication : Lithium (120 tablets),
Prothiaden (30 tablets) and Stelazine (30 tablets). These
tablets and containers are not listed among the drugs found in
his home during the forensic examination, after the siege.
7. JOHN CARTHY'S FIREARM7.1. John Carthy was the
holder of a legally held firearm, a Baikal make, double barrel
shotgun, serial number 9013898, purchased from Reynolds
Ballinalee, Co. Longford, a licensed firearms dealer, at the time
of licensing.
7.2. At this time he was 20 years old and had a keen interest
in guns, was a member of the Abbeylara Gun Club, but not an
active participant. He ceased to be a member of this Club in
1994 having failed to renew his annual subscription.
7.3. His Firearm Certificate was renewed annually from 1992
up to and including the current year.
7.4. There is a mention of a second gun, however this
investigation is satisfied that the only weapon available to
Carthy is the one as described.
8. THREATS8.1. During the Summer of 1998 a number of
people in the Abbeylara area expressed concern about Carthy's
suitability to hold a firearm.
8.2. Patrick (Pakie) McCormack, a local retired farmer, said
that on one occasion John was in the Handball Alley in
Abbeylara Village. Some local children were playing there.
John was of the opinion that no one would play handball with
him. McCormack recalls John saying that he was going to bring
the gun down and shoot all in the Handball Alley.
8.3. John Gilligan, a local farmer and was the P.R.O. of the
Handball Club, was made aware of these remarks from
McCormack. Gilligan became concerned about this alleged
threat and made the Garda at Granard aware of it.
8.4. Evelyn McLoughlin, local housewife and wife of Brendan
McLoughlin, plasterer, also became aware of these threats. At
this time Evelyn's husband, Brendan, had an ongoing dispute
with John, having received a letter from Mr. Mark Connellan,
solicitor, alleging unfair dismissal. Brendan McLoughlin had
employed John Carthy as a builder's labourer but he had
terminated his employment following a trivial argument. This
dispute, coupled with the threats made at the Handball Alley,
made Evelyn McLoughlin very concerned that John may use
the firearm. She contacted the Garda at Granard Garda
Station and expressed her fears to them.
9. CONFISCATION OF FIREARM9.1. On or about the 10th
August, 1998 Garda Oliver Cassidy of Granard Station called to
John Carthy's house. Following a discussion with Carthy, Garda
Cassidy took possession of Carthy's firearm, while continuing
his enquiries into the alleged threats. Despite all enquiries, no
written complaints were made to Gardai.
9.2. John Carthy called to Granard Garda Station on several
occasions to seek the return of his firearm and spoke to the
then District Officer, now retired Superintendent Denis
Cullinane.
9.3. Carthy was informed of the verbal allegations made
against him. His medical condition was also discussed. He
denied that he had threatened anyone with the firearm. He
informed the Superintendent that his depression was now
under control. Subsequently the Superintendent received a
letter, dated 13th October, 1998 from Mr. David Shanley,
Consultant Psychiatrist, St. Patricks Hospital, Dublin.
9.4. In his letter Mr. Shanley stated, how he had recently seen
John Carthy and it was his opinion John was now a fit person
to hold a firearm. He also stated that if John's condition
changed, his local General Practitioner would contact the
Superintendent in Granard. However, this commitment by Dr.
Shanley was never fulfilled, even though Carthy's mental
condition had changed, when examined during five
consultations between 30th November, 1998 and 11th
June,1999.
9.5. Having received letters from Dr. Shanley and Mrs Rose
Carthy, in which they expressed no concern in relation to John
having possession of a firearm the Superintendent then took
the view that in the absence of written complaints as to
threats, he had no legal justification in retaining the firearm
and consequently had it returned on the 13th November, 1998.
Subsequent to the date of return, two further threats were
made - one on Saturday, 15th April, 2000 and one on Tuesday,
18th April, 2000. These are dealt with at Paragraph 15.1 &
15.15.
9.6. There is a provision in the Firearms Act, 1925 at Section
5(b) for a Superintendent to revoke a Firearm Certificate when
he is satisfied that the holder of such Certificate 'is a person
who cannot, without danger to the public safety or to the
peace, be permitted to have a firearm in his possession'.
10. AMMUNITION10.1. Extensive enquiries carried out with
all Firearms Dealers in the Longford/Westmeath area have
shown that the last, and only, record of Carthy purchasing
ammunition was in 1998 in Dennistons & Co., Centenary
Square, Longford when he purchased two boxes of cartridges
which contained a total of fifty rounds. The ammunition boxes
found in Carthy's home have been identified as coming from
Dennistons.
11. GOAT MASCOT11.1. In late 1998 when Abbeylara G.A.A.
Club, Co. Longford, reached the County Final, local Publican,
William Crawford, had a mascot, resembling a goat, conveyed
to Abbeylara and bedecked in the Abbeylara G.A.A. colours
and positioned on the village green.
11.2. Criminal Damage to MascotThree nights after the
County Final the mascot was set on fire and extensively
damaged. The trustee of the mascot, William Crawford, was
informed by a local youth that John Carthy was responsible for
the damage. The Garda were subsequently informed of this
information by William Crawford.
11.3. Arrest of John Carthy Granard - 1998The burning
was investigated by Garda Turlough Bruen of Granard Garda
Station and, following a personal call to John Carthy's house
by him on the 24th September, 1998, he arrived, by
arrangement, to Granard Garda Station, at 7.30pm on that
date. There he was arrested, for the arrestable offence of
criminal damage to the mascot and was detained pursuant to
the provisions of Section 4 Criminal Justice Act 1984 by Garda
Frank Bohan for the proper investigation of the crime. During
John Carthy's detention he denied any involvement in the
crime when interviewed by Gardai Bruen and McHugh. He was
detained from 7.36pm to 10.35pm on the 24th September,
1998 (three hours). When he was released without charge he
signed the Custody Record acknowledging he had no
complaints.
11.4. On release from Granard Garda Station, John Carthy
contacted Bernard Reilly, a friend of his from Abbeylara, who
conveyed him home. In conversation with Bernard Reilly he
said how Garda had treated him roughly at the Station. No
visible injuries were apparent to Mr. Reilly. Other persons later
became aware of the alleged mistreatment of John Carthy
during his arrest.
11.5. Following his release from Granard Garda Station he
attended Dr. Cullen the following day alleging he had been
assaulted in Granard Garda Station and complaining of pain in
his neck. Dr. Cullen referred him to the Casualty Department
at Mullingar Hospital. He attended there on the 25th September
1998 and underwent an x-ray which revealed no injuries. The
doctor did not find evidence of assault.
11.6. Following this arrest he was taunted by locals in relation
to the burning of the goat. This continued to the weekend
before the siege and caused him a lot of concern and he
expressed animosity towards the Garda.
11.7. There is no evidence to suggest that John Carthy was
assaulted in Granard Garda Station nor was a complaint made
to the Garda Sochna Complaints Board.
11.8. This investigation is satisfied that John Carthy was not
responsible for the burning of the goat.
11.9. Apart from this incident, the confiscation of his shotgun
in 1998 and his arrest in Galway in February, 2000, the Garda
had no other interaction with John Carthy.
12. JOHN CARTHY'S TIME IN GALWAY12.1. During
Christmas 1998 John Carthy and his mother, Rose, visited
Galway to stay with John's sister, Marie. While there John was
admitted to University College Hospital, Galway for treatment
for manic depression. He was re-admitted on 26th December
1998 until 6th January 1999 and on 11th/13th January 1999.
12.2. In February 1999 John Carthy commenced work, in
Galway, with Bernard Smith, a builder, originally from
Abbeylara. This employment continued for some months,
terminating, due to lack of work, in August 1999. During his
stay in Galway he became a patient of Dr. Bluett, G.P.
12.3. On the 24th August, 1999 he commenced work with P.J.
Hegarty & Co at the Edward Square site in Galway. He was
employed as a general labourer. There he became friendly with
a number of people, most especially Martin Shelly (nickname
"Pepper"), Kevin Ireland and Gerry Traynor.
12.4. On the 17th January, 2000, as John Carthy had decided
to go plastering, he gave P.J. Hegarty's two (2) weeks notice.
However, he alleged improper practice against the foreman -
for which he (Carthy) was sacked on the 18th January, 2000.
The following day he started work as a plasterer with Dermot
O'Connor, D.O.C. Plastering. This job only lasted one day
because of the quality of his work. At this stage Carthy
contacted S.I.P.T.U. and took an action against P.J. Hegarty's
for wrongful dismissal. When not getting the required result
from S.I.P.T.U. Carthy placed a picket on the Edward Square
site on the 1st February, 2000.
It was only after getting advice from S.I.P.T.U. officials that
Carthy withdrew the picket at 9.40am. For the unfair dismissal
he received a settlement of 1,140.
12.5. Arrest of John Carthy Galway Under Mental
Treatment ActOn 20th February, 2000 Carthy having had a
disagreement with his girlfriend socialised that night with his
sister, Marie and Martin Shelly. They met in The Goalpost Pub
where John was already drinking, from there they went to
another pub. There, Carthy got into an argument, before being
served. All three were asked to leave. From there they went to
Supermacs, Eyre Square, Galway. Because of Carthy's
behaviour, his sister, Marie, approached Garda Mary Ann
O'Boyle, Mill Street Garda Station, Galway, on the street and
asked if she could do something with her brother as she feared
for his safety, he was suicidal and she expressed a wish to
have him certified under the Mental Treatment Act.
12.6. Having been fully briefed as to his mental condition
Garda O'Boyle arrested John Carthy under the Mental
Treatment Act and brought him to Mill Street Garda Station.
Dr. Dympna Horgan, G.P. and colleague of Dr. Bluett, John 's
G.P. in Galway, was called to the station to examine John
Carthy. By the time the doctor had examined Carthy, his sister,
Marie, had changed her mind in relation to committal,
consequently Carthy was released into his sister's custody.
12.7. The arrest of Carthy, as described at 12.5, was not
communicated to the Gardai at Granard
13. JOHN CARTHY'S ASSOCIATION WITH KEVIN
IRELAND13.1. Kevin Ireland 23 years old, originally from
Brianstown, Longford, moved to Galway in July, 1999 and
commenced work with P.J. Hegarty & Sons at the Edward
Square site commencing on the 24th August, 1999 with John
Carthy. They had not previously known each other.
The friendship grew because of the fact that they started work
together and were both from Longford.
13.2. When Carthy placed the unofficial picket on P.J.
Hegarty's site at Edward Square (in persuance of his claim of
unfair dismissal) he then alleged to Kevin Ireland that a
S.I.P.T.U. official had said that he (Carthy) could be arrested
for picketing. Ireland alleges that Carthy gave him a piece of
paper with the name Michael Finucane on it with a Dublin
address and phone number. He told Ireland to contact this
solicitor if he was arrested. When the dispute with P.J.
Hegarty's ended Carthy took back the piece of paper from
Ireland. This item was not recovered in the forensic
examination of the house or clothing.
13.3. Kevin Ireland also states that John Carthy told him that
this solicitor, Michael Finucane, was responsible for having
Carthy's gun restored to him and that Michael Finucane was
the son of Pat Finucane, the Republican solicitor.
13.4. This investigation is satisfied that Michael Finucane
played no part in the restoration of the shotgun.
13.5. John Carthy moved back to Abbeylara in March 2000,
however, he made a number of weekend return visits to
Ireland in Galway up to 8th/9th April, 2000.
13.6. On the week preceding the siege at Abbeylara John
Carthy rang Kevin Ireland on five occasions between the
13th/17th April, 2000.
14. ESCALATING PRESSURE4.1. Prior to the siege pressure
of life seemed to have had a profound affect on John Carthy
from January 2000.
14.2. On the 18th January 2000 he lost his job with P.J.
Hegarty in Galway, on the 19th January 2000 he again lost a
job with D.O.C. Plastering, Galway. From this time he was
unemployed and in receipt 73.50 per week Disability
Allowance, this would remain his status until 18th March, 2000.
14.3. On the 17th February, 2000 he visited Dr. Meagher,
Coole, requesting a Sick Certificate as he was suffering from
depression. He asked the doctor to certify "back injury" for his
employer.
14.4. Three days later, 20th February, 2000, he ended
acrimoniously his relationship with his girlfriend, Kathleen
McNamara, in Galway. On the same date he was arrested
under the Mental Treatment Act at Galway.
14.5. On the 29th February, 2000 when he attended Dr. Cullen
he was "high". The doctor increased his dosage of Stelazine.
14.6. Due to the lack of finance, he was worried how he was
going to furnish the new house. His mother sought a loan from
Bank of Ireland, Granard, but was refused. On the 17th April,
2000 he called to Mark Connellan, solicitor, Longford, in
connection with endeavouring to secure a loan. The solicitor
was unavailable. The County Council had indicated also that
they were going to knock the old house. John was totally
against them doing this, saying that, No one was going to
put him out of his house.
14.7. It is significant to note that his father had died on Holy
Thursday, 12th April 1990. His uncle, Patsy Donoghue, died on
Holy Thursday and the day John Carthy died was also Holy
Thursday.
15. MOVEMENTS ON DAYS PRIOR TO "THE SIEGE"
15.1. Saturday, 15th April, 2000
On the morning of Saturday, 15th April 2000, John Carthy was
seen in the Abbeylara Village at 8.15am. Larry Boland, owner
of the local Garden Centre spoke to him for a short period.
Boland says that John was in very bad form.
Carthy seemed agitated, as the only place he could purchase
cigarettes at that early hour was in Crawfords, from where he
was barred. He told Boland that he would shoot Willie
Crawford, only for the fact that Carthy's mother, Rose, was
living in Abbeylara.
15.2. It is interesting to note that between 8.36am and
4.48pm he called his sister twenty (20) times on her mobile
phone. Details of these are contained at Paragraph 62.4.
15.3. At approximately 11am, John went to Brendan
McLoughlin's to assist Pat McLoughlin, Brendan' brother and
also a builder, with a building foundation. He appeared in very
bad form. He conveyed to Pat McLoughlin that there were a lot
of fellows around the village that he didn't like and that he
would come down and shoot them, including Paul McCormack,
a local plasterer and the person, he believed, responsible for
burning the mascot in the Summer of 1998.
15.4. On Saturday evening John went to McCormack's Pub in
Abbeylara. While there he had "words" with Kieran
McCormack, a local farmer.
15.5. John left McCormack's Pub and went to Kiernan's Pub in
Longford. He remained there until 1.30am when Bernard
Brady, a musician from Abbeylara, drove him home.
15.6. Sunday, 16th April 2000.
On Sunday, 16th April, 2000 it appears that John Carthy stayed
at home until 8pm when he telephoned Bernard Reilly who
then drove him to Castlepollard to the Old Town & County Pub.
15.7. Sen Farrell, a carpenter from Finea, Co. Westmeath,
met John Carthy in the Old Town & County. John didn't appear
to be himself. John spoke about the fact that his mother, Rose,
was giving out to him for drinking when he couldn't afford it.
15.8. In or around 10.45pm, he got a taxi to Oldcastle,
arriving there at 11pm. He then went to the Mountain Dew Pub
and remained there until 12.30am.
15.9. John Carthy enquired as to the availability of
accommodation in Oldcastle, however it would appear that he
slept rough that night.
15.10. Monday, 17th April 2000.
It is interesting again to note that between 12.19am /1.38pm,
on this date, he called his sister's mobile phone on twenty two
(22) different occasions. This is referred to at Paragraph 62.4.
15.11. At 8.15am, John called to the Finn Court, Oldcastle,
where he had breakfast. He remained there until 11am during
which time he also consumed four bottles of Budweiser beer.
15.12. From there John proceeded to the Napper Arms in
Oldcastle. He remained there until 2p.m.during which time he
had more alcohol. He then took a taxi home to Abbeylara.
15.13. That afternoon he called to Brendan McLoughlin's
house. During his time there he had a row with Pat McLoughlin
regarding his (Carthy) drinking.
15.14. That evening he called to the offices of Mr. Mark
Connellan, solicitor, Longford. Mr. Connellan was on holidays,
he told them he would return on the 2nd May, 2000. He then
got the 6pm bus to Granard and went home. He was not seen
later that evening.
15.15. Tuesday, 18th April 2000.
At 7.45am, on Tuesday, 18th April, 2000 John was seen
thumbing a lift in Abbeylara Village. He received a lift from
John Scally, an electrician from Granard, who drove him to
Granard. John discussed Niall Enright, Scally' boss at the
Enplast factory in Granard, and Pat Higgins, a member of An
Garda Sochna at Mullingar Garda Station. John told Scally
that both Enright and "Pat the Baker" (Pat Higgins) should be
shot. Scally felt John was "strung up" on that morning.
15.16. John got the 8am bus from Granard to Longford. He
arrived at work at 8.30am. At 10am, he availed of breakfast in
a local Caf.
He returned to work at 10.30am. At 1pm, John went to the
Longford Arms and drank two pints of Guinness, returning to
work at 2pm. At 2.30pm, John left work again, not returning
until 4.30pm. His employer, Gerard Delaney, advised him to go
home because he had drink taken. He again called to his
solicitor, Mark Connellan that afternoon and as previously
indicated Mr. Connellan was absent. He then collected 180
tablets as described at Paragraph 6.16.
15.17. At approximately 8.30pm, Alice Farrell, next door
neighbour of the Carthy's, called to Carthy's house to speak to
Rose. John answered the front door. During their brief
conversation John stated, "the party is over, there will be
no more laughing, the Guards won't be here again". John
was very agitated. I consider this statement to be quite
significant, as to future behaviour.
15.18. Later that evening John went to McCormacks Pub in
Abbeylara. He was refused alcohol due to the "words" he had
there the previous Saturday. John drank two cans of 7Up, left,
and went home.
15.19. The calls made by John to his sister on both Saturday
and Monday have to be viewed with some significance. Why
should a brother call his sister on 42 occasions in two days?
Obviously there was some difficulty. His sister cannot account
for these calls.
15.20. It is also important to note that Marie had made an
appointment for her brother with Mr. Shanley, Psychiatrist, for
2pm, on 20th April, 2000, the day on which he died. This
appointment was made some 10 days prior to the 20th April,
2000.

16. EVENTS AT CARTHYS HOUSE ON AFTERNOON OF


THURSDAY, 19th APRIL 2000.

16.1. No independent evidence is available to indicate the


happenings in Carthy's house in the afternoon of the 19th April,
2000.
16.2 His mother, Rose states that at approximately 3.40pm
John, who had been at home all day, went to his gun locker
(Photograph 1), took out his gun and ammunition, loaded two
cartridges, went outside the hall door and discharged two
shots. John was saying that no one was going to put him
out of his house. He returned to the kitchen and sat down
with the gun and ammunition in his hands. Rose Carthy left
approximately 1 hour later and went to her sister's house
some 92 metres away (Photograph 41E). The investigation will
show that at least two further shots were discharged from the
house before Rose Carthy left.
16.3. The Investigating Officer is of the view that Rose has not
told the full story of the happenings. A slight elaboration of
what she told others is contained in Paragraph 19.5.

17. FIRST REPORT TO GARDAI.

17.1. Some time before 5.15pm Ann Walsh, cousin of John


Carthy, and Alice Farrell called to the home of Nancy Walsh,
mother of Ann. (Aunt of John Carthy) As they were going into
the house they heard what is described as two (2) shots, then
Rose Carthy arrived at the house almost immediately in a
hysterical state. It took some minutes for Nancy Walsh, Ann
Walsh and Alice Farrell to make sense of what she was saying.

17.2. Rose Carthy told all three that John had his gun, he had
told her to go to Nancy's for a few hours. She further stated he
did not trust the Guards and he would shoot them if they
came. Further stating that he had said, "if anybody or the
Guards came in around the house that he would get them or
shoot them". He had fired four (4) shots at this stage. Rose
Carthy requested that the Guards be summoned, as she feared
what John might do. At 5.20pm Ann Walsh picked up the
phone to ring Granard Garda.

However, she mistakenly rang her sister, Rosaleen Mahon, also


a cousin of John Carthy, in Granard, she then rang Granard
Garda Station and handed the phone to Rose Carthy. The
phone was answered in Granard Garda Station by Garda
Maeve Gorman. Rose Carthy spoke to her initially followed by
Ann Walsh. They informed Garda Gorman of the situation, she
in turn contacted Garda John Gibbons and Colin White
directing them to go to the scene.
18. REQUEST TO DR. CULLEN.

18.1. When Rosaleen Mahon received the phone call at her


home in Granard, she immediately went to her mother's house
(Nancy Walsh's). On arrival the situation was explained to her.
She decided to ring John's doctor, Dr. Pat Cullen at Coole, Co.
Westmeath. This call was made at 5.29pm. Having received
this call the doctor immediately left his surgery to go to
Abbeylara.

18.2. While awaiting the arrival of the Garda, Rosaleen Mahon


phoned Granard Garda Station at 5.32pm indicating that Dr.
Cullen had been contacted and was on his way to the scene. At
5.34pm Ann Walsh rang Granard Garda Station as they were in
fear and wanted to know if the Garda were on their way.

18.3. When Dr.Cullen arrived at the scene, he called to Alice


Farrell's house. (Photograph 41A). This house is on the
opposite side of Carthy's, from Burke's and Walsh's. (Map No.
3) He returned to his car, having got no reply. While waiting for
the Gardai he states that about ten (10) shots were fired from
Carthy's house. (Not accurate)

19. ARRIVAL OF FIRST GARDAI ON THE SCENE.

19.1. Prior to going to the scene, Garda Gibbons obtained a


firearm and flack jacket. Garda Gibbons also wore a civilian
jacket over his uniform. Garda White was in uniform.

19.2. On route the members met Fr. Fitzpatrick, the local


Parish Priest, in Abbeylara. They asked had he seen John
Carthy lately and the reply was in the negative.

19.3. Garda Gibbons and White went to the house next door
to Carthy's where they spoke to Michael Burke, next door
neighbour of the Carthy's. (Photograph 41D) He informed
them that he had heard a number of shots coming from the
Carthy property.
19.4. Following this the members went to Walsh's house
(Photgraph 41E), located next to Burkes. John Carthy's
mother, Rose, was there, along with a number of family and
friends. All present were described as fearful and excited. The
members tried to elicit as much information as possible, as to
what exactly had happened. Those present kept saying that
John should not have had the gun given back to him.

19.5. The members found it difficult to establish what exactly


had happened, but established from Rose Carthy that John had
put her out of her house and that he had a loaded shotgun in
his possession. Rose also stated that John had earlier
discharged a number of shots. She informed the members that
John was on anti_depressive tablets. They established that
there was no telephone in the house but that John did have a
mobile phone. Garda White requested this mobile number from
Rose, she was reluctant to give it because of fear, but
subsequently did so. Rose in her statement to investigating
Garda says she left on her own volition to go to her sister's
house.

19.6. Garda Gibbons enquired who would be the best person


to talk to John. Thomas Walsh, John's cousin, was the
unanimous choice. He was in Cork, so Garda Gibbons
requested they contact him.
19.7. Having left Walsh's house, Garda Gibbons and White
then went, by marked Garda car, to Carthy's house. They
drove in the driveway and before their vehicle came to a stop
(Photograph 40 refers) they heard two shots discharged in
quick succession. They reversed from Carthy's driveway
towards Walshs house. They had no sighting of John Carthy at
this stage, nor could they identify the position or direction of
shots.
19.8. The members observed Carthy's house from a safe
distance. They again drove by the house, Dr. Cullen was on the
roadway on the Springtown side, he got into the patrol car and
all three went to the Abbeylara side of Carthys house. (Map
No. 3)
19.9. Dr. Cullen informed the Garda that John was suffering
from depression, he rang John's mobile phone having obtained
the number from Garda White. He got no reply.
19.10. D/Garda Jim Campbell, Detective Unit, Granard Garda
Station, arrived at the scene in an unmarked patrol car and
was briefed by Garda Gibbons and White. D/Garda Campbell
was in possession of his personal firearm and flak jacket.
19.11. D/Garda Campbell and Garda Gibbons approached
Carthy's house in the unmarked patrol car. Garda White stayed
a safe distance away with Dr. Cullen.
19.12. D/Garda Campbell drove the unmarked patrol car in the
driveway of Carthys house. He stopped the car at a point
where he felt it was safe. (Photographs 3, 5 & 8) D/Garda
Campbell and Garda Gibbons left the car. Both members made
their way passed the front gable and around to the front of the
house, crouching down under a front window. D/Garda
Campbell was, at this time, of the view that John Carthy may
have taken his own life.
19.13. From a crouched position D/Garda Campbell knocked
on the front door (Photograph 3) and announced, "This is Jim
Campbell from Granard Garda Station" and asked, "Are you
o.k.?" Almost immediately the members heard glass breaking
and a gunshot discharged.
19.14. Both D/Garda Campbell and Garda Gibbons feared for
their safety. They felt they were in a vulnerable position
trapped between the front window and the front door of the
house. D/Garda Campbell pleaded with John Carthy to throw
the gun out and no harm would come to him.
19.15. Garda Gibbons crawled to the side of the house and
secured cover, he was joined there by D/Garda Campbell.
Contact was made with Granard Garda Station requesting
further Garda assistance.
19.16. From Garda Gibbon's position he had a clear view of
the front of the house, D/Garda Campbell had now moved to a
position where he had a clear view of the rear.
19.17. D/Garda Campbell heard glass breaking at the rear of
the house thus identifying John's location. D/Garda Campbell
tried to converse with him in an effort to establish if he (John)
was o.k., to which Carthy replied, "Fuck off from here or I'll
blow your head off".
19.18. John Carthy was not visible but could clearly be heard
inside by D/Garda Campbell. Two shots were discharged from
the house in quick succession. These shots the members felt
were fired from the front gable window. (Photograph 8)
19.19. D/Garda Campbell continued to tell John that they were
members of An Garda Sochna and they were there to help
him.
19.20. At one point D/Garda Campbell informed John that Dr.
Cullen was outside in the car and wished to speak to him.
Immediately after Dr. Cullen's name was mentioned, D/Garda
Campbell heard a single gunshot fired out the rear window of
the house. From their positions both members could see that
this shot hit the front left wing of the unmarked patrol car.
(Photographs 6 & 7)
19.21. D/Garda Campbell pleaded with John to throw out the
gun before someone was injured. Carthy replied, "Come in
here you fucker, I'm not going out". Two more shots were
discharged from the rear of the house. The member could see
gravel flying through the air.
19.22. D/Garda Campbell and Garda Gibbons were
continuously assessing the situation and they moved to
another location behind a mound of clay in the rear garden,
which afforded them greater protection.
19.23. More Gardai, uniform and Detective Branch personnel,
arrived at the scene to assist. D/Garda Campbell left his
position to speak to Superintendent Joe Shelly, Mullingar
Garda Station, now at scene to take command.
19.24. Garda Colin White, first member to the scene with
assistance, on hearing shots being fired from the house
immediately closed access to Carthy's house from both
directions, he evacuated the immediate families from the
scene, i.e. Burke's, Farrell's and Walsh's.
20. SCENE COMMANDER.
20.1. The overall command and direction of this Garda
Operation was vested in Superintendent Joseph Shelly,
Mullingar Garda Station and Superintendent Michael Byrne,
Granard Garda Station.
20.2. A policy of containment and negotiation was then
formulated and continued during the course of this operation.
20.3. Both officers are referred to in this report as the Scene
Commander. They had total control over both Emergency
Response Unit (E.R.U.) personnel and local resources.
Assistant Commissioner T. Hickey, Eastern Region, and the
Divisional Officer, Chief Superintendent P. Tansey, Mullingar
Garda Station, were in a consultative role and at times were
removed from the scene.
20.4. While the Emergency Response Unit (E.R.U.) are on
specific operations assisting local Units, direct control of the
overall operation rests with the local Divisional / District
Officer, (in this case, Superintendents Shelly and Byrne).
However, where circumstances dictate, such as a special
tactical requirement, control shifts to the Detective Inspector /
Detective Sergeant then in charge of the E.R.U.
20.5. In the Abbeylara context, the Scene Commander
retained control until Carthy exited the house, then the
responsibility passed to the member in charge of the E.R.U. to
employ unit tactics to endeavour to bring the operation to a
peaceful conclusion.
20.6 To gain an overall appreciation of the activities of both
Scene Commanders over the 25_hour period, it is necessary to
refer to the extracts of their statements hereunder:
Superintendent Joseph Shelly.
"On Wednesday the 19th April, 2000, Garda
Maeve Gorman of Granard Garda Station
telephoned me at my office in Mullingar. The
time was approximately 6.25pm. As a result of
my conversation with Garda Gorman I became
aware that an incident involving the unlawful
discharge of a firearm at the Gardai was in
progress at Abbeylara, Co. Longford.
When I arrived at the scene in Abbeylara I
spoke to Sergeants Dooley and Mangan
regarding developments there. As a result of
my conversation with them I learned that John
Carthy was still in his mother's house and that
he had discharged a number of shots from the
house at the Garda and the unmarked patrol
car which I observed parked in the driveway of
Carthy's house.
Garda Gibbons told me that he had earlier
spoken to John Carthy's mother, Rose, in a
nearby house, which is owned by her sister, a
Mrs Walsh. I learned that John Carthy had put
his mother out of the house sometime after
five o'clock that evening and that he had
discharged a number of shots at that time. As
a result of my conversation with Garda
Gibbons I learned that he had earlier spoken
to five women in Mrs Walsh's house and that
they were in fear of John Carthy and what he
might do to them. They feared he might come
up the road and shoot them.
These women told Garda Gibbons that Tom
Walsh, his first cousin, was his best friend and
they rang him in Cork to tell him what had
happened and that Tom Walsh was the best
person to talk to him.
I was of the view that a policy of containment
and negotiation was the appropriate course of
action to follow in the circumstances that
existed at that time.
In addition to containing and negotiating with
subject John Carthy, my aim was to achieve a
controlled exit by him from the house. It was
my considered opinion that while subject John
Carthy was contained in the house, that the
likelihood of serious injury to all persons was
minimised.
Both Sergeant Dooley and I had opened
negotiations with subject, John Carthy,
through the medium of a megaphone from the
position of the E.S.B. pole, which was situated
between Carthy's and Burke's house.He made
no response at all to our requests apart from
firing two shots out the window.
While I was speaking to John Carthy I became
aware that his first cousin, Tom Walsh who
lived beside the Carthy's at Toneymore,
Abbeylara had arrived at the scene.
Inspector Maguire enquired from Tom Walsh if
he knew if John Carthy had a solicitor but he
stated that he didn't know if John had any
solicitor. I spoke to Tom Walsh and he
expressed a wish to speak to John Carthy. I
explained to him that we could go no nearer
Carthy's house than the position of the E.S.B.
pole between Carthy's and Burkes house as a
number of shots had been discharged at the
Garda since their arrival at the scene. I
handed the megaphone to Tom Walsh and he
started to talk to John Carthy. However, he got
no response. Both Sergeant Dooley and I
continued to speak to John Carthy, but he
never responded to us.
At 9.50pm D/Sergeant Russell, E.R.U., arrived
at the scene with his staff. I briefed him fully
on the situation, as it existed at that time.
I gave him all of the information that I had in
my possession regarding subject, John Carthy
and his family circumstances and background.
I maintained a written log of events as they
unfolded from the time Garda first arrived at
the scene, at approximately 5.30pm on
Wednesday, 19th April 2000, until preservation
of the scene commenced on Thursday, 20th
April 2000. As Scene Commander I had overall
charge and responsibility of the entire
operation. D/Sergeant Russell, E.R.U., had
tactical control of the inner cordon, while
D/Sergeant Jackson had sole responsibility for
the on_going negotiations with subject John
Carthy.
When D/Sergeant Jackson arrived at the scene
at 10pm accompanied by his assistant,
D/Garda Michael Sullivan, I briefed them fully
on all aspects of the operation.
A Command Post was agreed and established
at the E.S.B. pole on the roadway between
Burke's and Carthy's house. An E.R.U. jeep
was used for this purpose.
Some time around 11.40pm I was informed by
D/Garda Sullivan that John Carthy had
requested a solicitor but he had refused to
identify any particular solicitor. I was aware
that Inspector Maguire had already made
enquiries from Tom Walsh about the possible
identity of John Carthy's solicitor and he was
informed that John didn't have a solicitor. As
he had not identified any particular solicitor it
was not possible to identify who he was
talking about.
D/Sergeant Jackson had informed John Carthy
that his friend Martin Shelly was at the scene
and I agreed with D/Sergeant Jackson that
Martin Shelly should be allowed talk to
subject, John Carthy. I asked D/Garda Sullivan
to try and establish from John Carthy the
identity of whatever solicitor he was
requesting, but John failed to respond to these
requests.
At approximately 12mn I handed over the
responsibility of Scene Commander to
Superintendent Byrne and I informed
D/Sergeant Russell of this changeover.
At 8.20am on Thursday, 20th April, 2000 I
resumed duty at the scene at Toneymore. I
met Superintendent Michael Byrne who briefed
me on developments.
I discussed the possibility of a covert entry to
the house with D/Sergeant Russell but he
informed me that it could not be attempted,
without risk to the lives of E.R.U. personnel
and subject, John Carthy.
Tom Walsh was also at the scene. I decided
that he should be allowed to talk to him. Tom
Walsh was then taken down to the negotiating
position to talk to John Carthy. Tom Walsh
spoke through the megaphone to subject,
John Carthy without success. I was later made
aware that subject John Carthy had levelled
his gun at Tom Walsh when he was trying to
negotiate with him and Tom had become very
upset at this.
As John Carthy appeared to be getting very
aggressive in the house, I directed that an
ambulance and a doctor be made available at
the scene.
While the negotiations were difficult and slow,
I felt that sooner or later, John Carthy would
surrender himself to the Garda and in so
doing, bring the entire episode to a peaceful
conclusion. Inspector Maguire had learned that
John Carthy was due to see his psychiatrist in
Dublin at 2pm that day and I was informed
that he was a Doctor Shanley. Inspector
Maguire eventually made contact with Dr.
Shanley and he agreed to visit Abbeylara later
that day and speak to John Carthy.
At approximately 10am I was made aware that
John Carthy had asked for Major Cigarettes
and I directed Garda Michael Carthy, who was
on duty at Toneymore, to purchase three
packets of 20 Major cigarettes and some
matches.
I discussed a plan for the safe delivery of the
cigarettes with D/Sergeant Russell. I was in
total agreement that the cigarettes be
delivered to John Carthy, but only if this could
be done in safety. I was disappointed to learn
that John refused to co_operate with all
attempts and suggestions to deliver the
cigarettes safely to him.
I also became aware that D/Sergeant Jackson,
while attempting to negotiate with John Carthy
had again asked him if he required a solicitor
and to identify him but again he refused to say
what solicitor he wanted or who his Solicior
was. He did say he wanted a solicitor in the
house but he was told that this wasn't possible
while he had the gun in his possession. His
reply to this was "don't bother, fuck off" or
words to that effect.
At approximately 1.15pm I again spoke to
Superintendent John Farrelly of the Garda
Press Office, at the scene. He informed me
that Noreen Leddy, a reporter from Shannon
Side Radio in Longford, had some information
regarding a friend of John Carthy's, a Mr.
Kevin Ireland. I met with Ms. Leddy and
D/Garda Sullivan was also present. She
informed us that she knew Kevin Ireland's
mother, as she was an employee of Shannon
Side Radio in Longford. Kevin Ireland had
phoned his mother and informed her that John
Carthy had spoken to him on his mobile phone
sometime earlier that morning, at around
11.30am, and that John Carthy had said to
him "Watch this Space" and that he boasted
about being able to make the Guards duck
every time he levelled the gun out the
window. She also informed us that John
Carthy had said that he wanted a solicitor.
At approximately 2.15pm I met a friend of
John Carthy's who had arrived at the scene.
This man, Sen Farrell from Finea, Co. Cavan,
was also willing to talk to subject, John Carthy
and I agreed that Sen Farrell should be
allowed speak to him. As there was no
response, it was decided to take Sean Farrell
back to the Command Post.
At approximately 2.30pm I received a
telephone call from Sergeant Dan Monaghan
of Granard Garda Station to the effect that Mr.
Kevin Ireland had telephoned him from Mill
Street Garda Station in Galway City. Mr.
Ireland told Sergeant Monaghan, that he had
received a call on his mobile phone from John
Carthy at about 12md that day and that he
had mentioned a solicitor to him by the name
of Mick or John Finucane from Dublin. I was
aware that Kevin Ireland was the same person
who earlier telephoned his mother in Longford
regarding the telephone call he had received
from John Carthy.
D/Sergeant Jackson attempted to
communicate with John Carthy concerning this
new information, he refused to listen or pay
any heed
I became aware that John Carthy had
mentioned a solicitor named Finucane during
negotiations with D/Garda Sullivan, who was
relieving D/Sergeant Jackson as he availed of
a rest period.
Dr. Shanley was conveyed to the scene
arriving at approximately 4.45pm. I spoke to
Dr. Shanley and I gave him as much detail on
John Carthy's situation as was known to me at
that time. Dr. Shanley was anxious to speak
with Mrs Rose Carthy as she could give him
the information he required on John's mental
health in the period leading up to this incident.
I expressed my concerns to Dr. Shanley, about
John Carthy's disturbed behaviour and violent
aggressiveness towards us and, in particular,
his refusal to listen or indeed react to any of
the suggestions or pleas that the Gardai or
any of his close friends had made to him since
this incident had started. After some time Dr.
Shanley was brought back to the scene. I was
most anxious that Dr. Shanley would talk to
John Carthy as soon as possible.
I was made aware that Marie Carthy had
expressed a wish to speak to her brother,
John. I was very concerned for Marie's safety.
I discussed this issue with D/Sergeant Jackson
and we agreed that it would be unsafe to bring
Marie down at that time to talk to her brother.
We decided that if Marie could talk to her
brother on the phone that it might help.
I decided to contact the office of the Director
of Public Prosecutions in order to establish
what possible criminal charges might be
preferred against John Carthy when the
present situation came to an end.
At approximately 5.30pm I spoke with Mr
David Gormley, a Professional Officer. In the
course of my conversation with Mr Gormley, I
mentioned to him that while the Gardai were
attempting to talk to John Carthy at the scene,
he had looked for a solicitor and had
mentioned the name Finucane, at one stage.
That the name Mick or John Finucane had also
been mentioned by a friend of John Carthy's.
David Gormley informed me that he was
aware that a son of the late Pat Finnucane was
working in the offices of Garrett Sheehan &
Co. Solicitors, Dublin and, as far as he was
aware, this young man was an apprentice
solicitor in that office. I was relieved to have
received this information as, at last, I felt we
were making progress on the issue of John
Carthy's solicitor.
I asked D/Garda Sullivan to arrange with
D/Sergeant Jackson to have Dr. Shanley
brought down to the negotiating point
I was standing on the road some short
distance down from the entrance to Burkes.
I then heard some of the E.R.U. members
shout "Armed Garda, drop the gun John, drop
the gun". I then observed John Carthy on the
roadway, towards the left side as I looked
down. He was walking in, what I could best
describe, as a somewhat stooped position and
he had a shotgun in his hands and it was
pointed in our direction.
When I saw this developing, I was conscious
of the fact that unarmed people were present
and realised that our lives were in danger as
John Carthy was pointing a closed shotgun in
our direction and at the same time he was
walking towards us.
There was now, in my opinion, an immediate
threat that he was going to fire at us and that
somebody would be killed or seriously injured.
I could hear several appeals for him to "put
the gun down" and "Armed Garda, John, put
the gun down". John Carthy kept walking
towards our position and, in particular, the
area where the Garda were, at Burke's wall. I
was still standing on the roadway and I did not
know where Sergeant Alan Murray was. There
was no response at all from John Carthy and
the next thing I heard were a number of shots
being discharged and the subject, John Carthy,
fell to the ground on the roadway at a point
almost at the boundary between Burke's and
Carthy's houses, on the opposite side of the
road.
I contacted the Garda Technical Bureau at
Garda Headquarters and informed them of
developments and requested that a full
Technical Team be sent to Abbeylara.
I then made contact with Dr. John Harbison,
State Pathologist and I outlined to him the
circumstances of the fatal shooting of subject,
John Carthy. Having considered the matter, Dr.
Harbison stated that he would perform the
Post Mortem Examination in Mullingar
Hospital. I informed Dr. Harbison that a local
doctor, Dr. Donoghue from Granard, had
pronounced John Carthy dead at the scene
and that the body was still there. I asked him
if he wished to view the body at the scene. He
said that he did not wish to view the body at
the scene, as the time of death had already
been established by Dr. Donoghue."
Superintendent Michael F. Byrne,
Granard.
"Superintendent Shelly and I left the
Springtown checkpoint on foot and walked to
Farrell's gate near Carthy's house. Detective
Garda Kilroy, Barnes and Dunne were on duty
there. A shot rang out from Carthy's house. I
went back around to the Abbeylara side of the
scene when at 12.51am a shot rang out from
Carthy's house.
Martin Shelly was brought to the negotiating
position by D/Sergeant Jackson. At this time
Marie Carthy was anxious to go with Martin
Shelly to be nearer her brother. As a result of
what D/Sergeant Jackson told me, and my
own observation that Marie was under the
influence of alcohol, I dissuaded her and
physically restrained her from going any
nearer the scene. Marie Carthy calmed down
and she sat into the front seat of the
command vehicle with her friend Ms. Leavy
with D/Garda Campbell and I.
At 3.25am a shot was fired from Carthy's
house and at 3.30am another shot was fired
from the house. D/Sergeant Russell spoke to
me and suggested that no further visits by
family or friends be allowed at this time, as
John appeared erratic now.
At 3.50am D/Sergeant Jackson and I
discussed the situation. I was told that John
had gone quiet and might be preparing to
rest, that cigarettes had been requested and
this was been considered and that
consideration was also being given to cutting
off the cable T.V.
At about 4am I had a conversation with
D/Sergeant Russell and discussed our options
with him. I asked him if it was safe to retrieve
the keys from the damaged patrol car, to carry
out a check to see if we could carry out a
covert entry to John Carthy's house and to see
could we disable the piped T.V. I was mindful
of the fact that John Carthy, who was very
agitated at times, might become more
aggressive as a result of the T.V. service. I
decided that the risk of attempting a covert
entry was too great, as we would be risking
the lives of the members and also of John
Carthy. At 6.15am D/Sergeant Russell
informed me that he had succeeded in cutting
the T.V. Cable.
At 1.05p.m. I heard a shot from Carthy's
house and I became aware that the
megaphone was shot off the wall at the
negotiator's position."
20.7 They maintained a Log of events during the operation.
21. DECISION TO CALL IN E.R.U. PERSONNEL.
21.1 Assistant Commissioner T. Hickey, Eastern Region, having
consulted with his Senior Garda Officers for the Division of
Longford/Westmeath, decided to seek the services of the
E.R.U.
22. ESTABLISHMENT OF LAND LINE TO CARTY.
22.1 Although a land line phone was installed in the home of
John Carthy, the service had been disconnected. There was an
urgent need to reconnect it to establish communications and
this was achieved on the direction of Superintendent Shelly
through Garda Justin Browne, Smear Garda Station.
23. ESTABLISHMENT OF TEMPORARY LIGHTING.
23.1. To assist at the scene temporary emergency lighting was
secured through Mullingar Garda Station for the siege area.
24. ARRIVAL OF GARDA EMERGENCY RESPONSE UNIT
(E.R.U.) PERSONNEL.
24.1. At 9.50pm, on Wednesday, 19th April, 2000, D/Sergeant
Gerry Russell, D/Garda Oliver Flaherty, Ronan Carey and Tony
Ryan, all members of the E.R.U., arrived at the scene of the
siege. D/Sergeant Russell spoke with Scene Commander,
Superintendent Shelly and, having carried out an assessment
of the area and building, D/Sergeant Russell discussed with
the Scene Commander the deployment of an inner cordon
consisting of E.R.U. members.
24.2. At approximately 10pm, on the same date, D/Sergeant
Michael Jackson and D/Garda Michael Sullivan arrived at the
scene. D/Sergeant Jackson was the nominated negotiator and
D/Garda Sullivan was his assistant.
Both Superintendent Shelly and D/Sergeant Russell briefed
D/Sergeant Jackson.
25. BRIEFING & DEPLOYMENT OF E.R.U. PERSONNEL.
25.1. Briefing and deployment of E.R.U. personnel, was agreed
by Superintendent Shelly, Scene Commander, and D/Sergeant
Gerry Russell, the latter having responsibility for tactical
decisions.
26. NEGOTIATIONS.
26.1. From the time of arrival of first Garda to the scene,
negotiations commenced.
26.2. All negotiations, phone calls made and interaction
between Carthy and members of An Garda Sochna, including
D/Sergeant Jackson, the Negotiator, are contained in the
tabulated Chart at Paragraph 26.4.
26.3 This document will have to be read in conjunction with
the extracts from the statement of D/Garda Sullivan, Assistant
Negoitator, as hereunder.
D/Garda O'Sullivan. (Extracts of
Statement).
"I was aware that a man from the Abbeylara
area had fired a number of gunshots at Garda
from his home and that he was presently in
his home and Gardai were at the scene.
D/Sergeant Jackson, who is a trained
negotiator, directed that I would be an aid to
him, which would include note_taking and
liaising with the Scene Commander.At
10.20pm D/Sergeant Jackson and I took up a
negotiating position on the first pillar of
Carthy's wall.
D/Sergeant Jackson was of the opinion that
our location was too far away for negotiating
purposes. We took up a new negotiating
position at the second pillar of Carthy's wall.
This position was directly opposite the gable
window of John Carthy's house. We arrived at
this position at 11pm.
John Carthy was aware of our presence and
from an early stage started levelling the gun
directly at our position. When I refer to
levelling the gun, I mean that John Carthy put
the gun to his shoulder and took a direct aim
at our position.
Between 11pm and 11.20pm I became aware
that John Carthy's sister, Marie, and his friend,
Martin Shelly, otherwise known as "Pepper",
were at a uniform point at the Cavan side of
the scene. I went to speak to these people. I
asked them if they could throw any light as to
why he might be upset and how we might
approach the issue. They informed me there
might be a number of reasons :
(a) that he used to have a job labouring on
the building in Galway working with "Pepper",
but that he had lost it around the end of
January. I was told that he was upset about
this as he felt he was sacked in the wrong;
(b) that he had broken up with his girlfriend,
Kathleen, she had broken it off with him,
about four weeks ago. He had been going out
with her for about six weeks and that he was
mad about her. They said this was a touchy
subject with John and to mention it might
upset him.
(c) that his father's anniversary was Holy
Thursday, that being tomorrow.
(d) I was informed that he had been barred
from his local pub.
At 11.38pm John Carthy enquired as to where
his solicitor was and D/Sergeant Jackson
asked who his solicitor was and if he wanted
him contacted. He just kept hanging up. I
communicated this request regarding Carthy's
request to the Scene Commander.
At 11.45pm I saw John Carthy from inside the
window, level the shotgun, I ducked, I
immediately heard the sound of a shotgun
blast. He would frequently level the gun at our
position, which would force us to duck down.
Occasionally he would turn up the volume of
the television to drown out the sound of the
negotiating. At this time I felt fearful for my
safety, as I never knew when John Carthy
might pull the trigger. At 12.51am on the 20th
April, 2000 I heard another single shotgun
blast coming from inside the room and I heard
Carthy say "Fuck off".
D/Sergeant Jackson advised "Pepper" on how
to negotiate with John Carthy. John Carthy
had agreed to speak to "Pepper". At 2.30am I
brought Pepper to the negotiating point. About
fifteen (15) minutes later I returned with
"Pepper" to the Command Post, having got no
response.
At 3.25am another shot was fired at our
position by John Carthy from the window. At
3.30am again another shot was fired at our
position by John Carthy.
I recall that John Carthy first mentioned
cigarettes sometime after 3am on Thursday,
20th April, 2000.
At approximately 8am on the 20th April 2000 I
saw John Carthy up and about. He had the
shotgun in his hand and seemed aggressive.
At 9am John Carthy was smashing some of
the remaining glass from the frame with the
barrel of gun pointing out the window. At
9.06am John Carthy fired another shot from
the window at our position. At 9.42am John
Carthy fired another shot from the window at
our position.
Sometime after this I was made aware that
Tom Walsh was present and was willing to
speak to John Carthy. I relayed this
information to D/Sergeant Jackson who
advised that Tom Walsh be allowed down at
some stage.
I consulted with Superintendent Shelly who
had resumed as Scene Commander and he
authorised it. Sometime after I brought Tom
Walsh down to the negotiating point,
D/Sergeant Jackson advised Tom Walsh on
how to negotiate with John Carthy.
Tom Walsh stands up for a minute or so trying
to communicate with John Carthy. John Carthy
suddenly levels the gun directly at Tom Walsh
and we got him to duck down immediately.
This incident upsets Tom Walsh badly, it is
then decided to return Tom Walsh to the
Command Post and I did so when I felt it is
safe to do so. At approximately 10am John
Carthy makes a passing request for cigarettes.
D/Sergeant Jackson tells him that wasn't a
problem. He told him that we would get them
for him. I relayed this request to
Superintendent Shelly and sometime later I
collected the cigarettes at the Command Post
and brought them to the negotiating point.
D/Sergeant Jackson emphasised to John
Carthy that it was too dangerous for us to
bring them in while he had the gun, but if he
put the gun down and came out he could have
his cigarettes.
At 11.18am D/Sergeant Jackson made contact
by mobile phone with John Carthy. He was still
aggressive towards us. D/Sergeant Jackson,
who was negotiating at this point, tried to get
details from John Carthy about his solicitor. He
asked him who he was, how he could be
contacted. John Carthy would not say.
D/Sergeant Jackson asked if we could get any
solicitor for him and would he come out if we
got any solicitor for him. John Carthy became
dismissive of D/Sergeant Jackson and said,
"Don't bother, Don't bother, Fuck off out of
here".
Superintendent Farrelly requested that I speak
to Noreen Leddy, a reporter from Shannonside
News. She mentioned from her information,
John Carthy had spoken with a friend of his,
Kevin Ireland. Noreen Leddy mentioned that
John Carthy seemed to be boasting about
being able to make the Guards keep their
heads down and duck, that he had mentioned
looking for a solicitor from Dublin, that he had
supposedly spoken to friends some two weeks
previously about doing something big, and
that when Kevin Ireland asked him what he
was going to do he said, "Watch this space".
I was informed from the Command Post, a
man he had worked for from time to time, was
in the area and willing to speak to him. This
man's name was Sen Farrell. John Carthy
looked up to Farrell as a role model. I brought
Sean Farrell to the negotiating point at
2.15pm D/Sergeant Jackson advised Farrell on
negotiating points. There was no response and
I saw the gun being levelled at our position,
while Farrell was speaking. I brought Sen
Farrell back to the Command Post when it was
safe to do so.
At 3.20pm D/Sergeant Jackson decided that I
might try to talk to John Carthy and I agreed.
He would regularly level the gun at me to
make me duck. He seemed to enjoy the fact
that I had to duck. At some stage during my
negotiations he mentioned to me a solicitor
called Finucane, and why we didn't get him.
This was the first time he mentioned a
solicitor's name. I pushed him on the matter
asking him who the solicitor was and where
we could contact him. I asked him if he
wanted us to contact this solicitor, or anybody
else, and I pleaded with him to indicate to me
if he wanted us to get this solicitor. Carthy
wouldn't say and became very dismissive of
my pleas to him. He said things like "Are ye
still here", "Fuck off out of here". He was very
aggressive with his gun. He started saying
things like, "Free State bastards" and "Shoot
me", "Shoot me". On one occasion he came to
the window, leant forward with his arms out
straight and his gun in one hand taunting us
to shoot him.
At approximately 4.30pm I was informed from
the Command Post that Dr. Shanley had
arrived. I went up and spoke to him. I
informed D/Sergeant Jackson that Dr. Shanley
was present and then I learned that he had
left the area to speak to John Carthy's family
to get some background information on John.
At approximately 5.20pm I was informed that
Dr. Shanley was back at the scene. I was
brought to Dr. Shanley, who was sitting in a
car some distance back from the Command
Post. Also present in the car were John's
sister, Marie, "Pepper" and Tom Walsh. I sat
into the car with them.
I spoke with Marie who said she was anxious
to speak with John. I informed her that John
had become particularily agitated at this point
and had fired more shots and that it would be
unsafe for her to go down. I suggested to her
that perhaps she could speak to him on the
phone. Both John Carthy's mobile phone
number and land_line number were predialled
on D/Sergeant Jacksons's phone. I allowed
Marie to try each number a couple of times
but she got no reply.
D/Sergeant Jackson requested that I bring Dr.
Shanley to the negotiating point. At
approximately 5.40pm I started to make my
way back up to get Dr. Shanley.
I heard a shout of "He's out", "He's out".
I got to a position on the roadway just past
the hedge dividing Burke's and Carthy's. I
could see John Carthy just coming onto the
driveway heading towards the roadway. I was
concerned for my own safety and the safety of
other people, some of which were Gardai in
uniform, who were gathered in this area. I
shouted at them, "Get back and get into
cover".
I felt my colleagues had the situation under
control, I immediately jumped over the
concrete wall, into Burke's garden. I took
cover and lost sight of John Carthy. I then
heard a number of shots. After this I peered
over the wall and saw John Carthy lying on the
road. I gave Cardiac Massage while D/Garda
Flaherty gave mouth to mouth resuscitation."
Dil ireann from the Honourable Mr Justice Robert Barr, sole
member of the Tribunal of inquiry (into facts and circumstances
surrounding the fatal shooting of John Carthy at Abbeylara, Co.
Longford on 20 April, 2000). (21 November, 2002
http://opac.oireachtas.ie/AWDat
a/Library3/Library2/DL027574.p
df
Interim report to the Clerk of the Dil from the Honourable Mr
Justice Robert Barr, sole member of the Tribunal of inquiry (into
facts and circumstances surrounding the fatal shooting of John
Carthy at Abbeylara, Co. Longford) (19 May, 2003
http://opac.oireachtas.ie/AWDat
a/Library3/Library2/DL049137.p
df
Covering letters - Report of the Tribunal of Inquiry into the Facts
and Circumstances Surrounding the Fatal Shooting of John Carthy
at Abbeylara, Co. Longford on 20th April, 2000 (20 July 2006)
http://opac.oireachtas.ie/Data/Li
brary3/Library2/DL065014.pdf
Report of the Tribunal of Inquiry into the Facts and Circumstances
Surrounding the Fatal Shooting of John Carthy at Abbeylara, Co.
Longford on 20th April, 2000 (20 September 2006

http://opac.oireachtas.ie/Data/Library3/Library2/DL000595
.pdf

No-confidence motion adds to


whistleblower woes
Monday, February 13, 2017
The Government faces a motion of no confidence this
week over the latest garda whistleblower crisis which is
threatening to derail the minority government.
Senior figures in Fianna Fil will meet today and discuss
how to approach the vote, although the party is likely to
stick to its support deal with the Fine Gael-led minority
government.
The motion of no confidence is being tabled by Sinn Fin,
who maintain that ministers have misled how they
handled false sex abuse allegations against garda
whistleblower Sgt Maurice McCabe.
Confusion surrounds over which members of government
knew what about a Tusla file, which existed for over two
years and falsely claimed Sgt McCabe was suspected of
child sex abuse.
Sinn Fin deputy leader Mary Lou McDonald claimed
yesterday the Government was continuing to cover up an
alleged campaign by garda to undermine Sgt McCabe, an
issue which is now the subject of a new inquiry.
In relation to the smearing campaign waged against Sgt
Maurice McCabe, the Government continues to cover up
who knew what and when they knew. Today, the minister
for justice claimed that she was unaware of the smears.
An Taoiseach failed to clarify when and how he became
aware of the smears.
But the arithmetic of the Dil means that Sinn Fin and
other opposition parties would need the support of Fianna
Fil to win the motion.
Instead, Fianna Fil last night indicated they were unlikely
to support Sinn Fin and would ultimately back the
Government. This is already in the confidence and
support arrangement, agreed with Fine Gael last May,
which states that Fianna Fail vote against or abstain on
any motions of no confidence in the government,
ministers and financial measures.
Sinn Fin leader Gerry Adams at the weekend argued that
the Government was stumbling from one crisis to another
and that what was needed now was in fact a general
election. The Governments support though is maintained
by Fianna Fil and its leader Micheal Martin, pointed out Mr
Adams.
Citizens are scandalised by the arrogance of Enda Kenny
and his cabinet colleagues. The Taoiseach should do the
right thing. So should Michel Martin. He should withdraw
his support for the Government. Sinn Fin in government
would not tolerate this type of behaviour. People deserve
an election. They deserve to have their say on all of these
matters, Mr Adams said.
Sinn Fin will announce details of its motion today, which
is also set to point to other crises circling the Government,
including the heath service, Nama and housing.
http://www.irishexaminer.com/ireland/no-confidence-motion-adds-to-
whistleblower-woes-442777.html

Questions keep coming as the Maurice


McCabe plot thickens
More questions are cropping up all the time as the Garda
whistleblower affair becomes murkier by the minute but
here are a few that shouldnt have to wait for the
Charleton Commission to find the answers.
Enda Kenny did not ask minister about meeting Sgt
McCabe.

Why did neither the Taoiseach nor the Tnaiste ask


Katherine Zappone what happened at her meeting with
Maurice McCabe?
As Childrens Minister with one key agency under her
remit - Tusla - an obvious answer was that she was talking
to him about only a child protection issue.
Why were they so unconcerned that this might be the
case? Why the lack of clarity from the Taoiseach on when
he first heard of the slurs against Sgt McCabe?
Attempting to brush off the question with the reply that
Leinster House is rife with gossip and rumour gives the
appearance that he did hear something that he could have
inquired into earlier.
READ MORE: Michael Clifford: Cock-up or
conspiracy, its time to come clean about Maurice
McCabe claims
Why did Fianna Fil wait until yesterday to say theyd
informed the Tanaiste about the Tusla file last Wednesday
when she was saying she knew nothing of it until the RT
Prime Time programme on Thursday? Is there any chance
some party might NOT try to make political gains out of
this mess?
What contact has there been between the Government
and the other Garda whistleblowers to establish if their
cases need to be included in the Charleton Commission?
The Taoiseach says Judge Charleton is ready to go but
can he realistically begin in an organised fashion if his his
terms of reference have to be extended repeatedly as
more revelations surface?
What discussion has taken place with GSOC, the Garda
Ombudsman, to see in what circumstances it might be
able to take on a criminal investigation into the affair,
particularly in light of the fact that it is already struggling
with its workload?
Where is the internal review of guidelines, practices and
protocols the HSE says was undertaken within the
National Counselling Service once the error that
perpetuated a false sex offence allegation in Maurice
McCabes file was discovered? Will it be published?
Will Tusla defend Sgt McCabes case against it for
compensation for the distress he and his family have
suffered or can an out of court settlement be reached to
save time, legal costs and further distress?
http://www.irishexaminer.com/ireland/questions-keep-coming-as-the-
maurice-mccabe-plot-thickens-442776.html

Gerard Howlin: Election wont help


resolve dirty war in An Garda Sochna
Opinion polls in the welter of accusations over
whistleblowers are not a reliable guide to the outcome of
an ensuing election, warns Gerard Howlin.
Monday, February 13, 2017
Gerard Howlin

If Michel Martin should fail to become Taoiseach it would


be the beginning of the end for the Fianna Fil leader, says
Gerard Howlin.

We are not yet at peak Gubu, but we are ascending


towards it. The unfolding row yesterday between the
Government and Fianna Fil follows a self-inflicted debacle
within Government last week.
There are two days to go before Sinn Fin moves its
motion of no-confidence in the Government on Wednesday
a long time in Irish politics. For now, Fianna Fil has no
intention of facilitating them pulling the stunt of double
elections north and south of the border.
The caveat is that Government mismanagement doesnt
gather further momentum and turn soft ground into a
mudslide towards an election.
In terms of political management by Government, the past
weeks are reminiscent of the first half of 2014. Then, a
toxic combination of justice issues and medical cards
ended in a drubbing at the polls and the Labour Party
losing a leader.
This weekend, though absolutely dependent on Fianna
Fil, remarkably the broadcast media was the channel of
communication with them.
In analysing Fianna Fils thinking, it is worth remembering
a truth, namely that the lessons of youth are usually
seminal. For Michel Martin the lesson of the 1989 election
is formative.
Then, he swam in against an outgoing tide, and was
elected for the first time. Charles Haughey, buoyed by
opinion polls and goaded by Dick Spring, foolishly called
an election. Fianna Fil never governed alone again.
Ensuing coalition with the PDs undermined Haughey within
his party. It was the beginning of the end for him.
If an election comes now, its because Martin calls it. In
the welter of accusation and counter-accusation about An
Garda Sochna, Tusla, and who knew what and when,
which will be the basis of the campaign to follow, opinion
polls now are not a reliable guide to an eventual outcome.
In those circumstances, should he fail to become
taoiseach, it would not be the beginning of the end, but
the end itself for Martin. Standing centre-stage in this
instance, is standing over a trap door.
Fianna Fil, sensing they are on the front foot now, and the
more sensible of them wanting sustainable momentum,
will seek to forestall Sinn Fin and discomfort the
Government. In the circumstances, they will want to
amend the Sinn Fin motion, and up the ante on
Government in dealing with what are now multiple,
interlocking crises.
The underlying issue is Garda whistleblowers. The original
sin in dealing with the systemic issues within the force was
Justice Minister Frances Fitzgeralds. After the departure of
former commissioner Callinan and her predecessor Alan
Shatter, it was a fundamental error not to appoint an
outsider as commissioner.
There are interlocking and threatening games in play now.
Firstly, the resistance to, then the smearing of
whistleblowers, which ultimately claimed the career of a
former commissioner. At the very least, Callinan gravely
underestimated the importance and the malevolence of
the issues.
Without knowing what he allegedly said to then Public
Accounts Committee chair John McGuiness TD, and what
his response is now, it is impossible to understand the
degree, if any, to which he was suborned to that agenda.
The irony is that regardless, it swallowed him whole.
Callinans departure was a remarkable setback for some in
An Garda Sochna who believed they were above being
policed themselves. It effectively ended the self-
governance of the force.
The irony of Noirin OSullivans position now is that she is
accused without, as being the continuum of what went on
before within the force. But among elements within, she is
attacked and undermined as an agent of unwanted
change.
In addition, she faces serious, but unproven accusations
about her own involvement in untoward events. These
interlocking plays, effectively a dirty war within An Garda
Sochna, mean the State cannot be sure of its discipline
or integrity.
The willingness of the rank and file to disobey orders and
strike last November, averted only by a pay deal of over
40m, is reminiscent of an unreliable, Praetorian guard
which will not render unto Caesar the things that are
Caesars. In these circumstances, an election to form a
new Dil with as little capacity or authority to control
effectively its own police force, would be deeply
retrograde.
Dealing with the abuses arising from an ongoing dirty war
is the Governments responsibility.
There is a growing sense that Frances Fitzgeralds priority
as justice minister has been in politically protecting
herself. The safe pair of hands have until now been
curiously unmarked by events.
This weekend she reached the end of that stratagem. She
must enable her commissioner, or stand her aside. Its a
fundamental determination, and perhaps the last big
political call she will have the chance to make as minister.
It is government which is needed now. There are political
reasons why Fianna Fil will seek to avoid an election.
There is also an underlying requirement, which would
rapidly become evident in a campaign, to deal with a
welter of accusations, and simultaneously press on with
the job of re-instilling discipline in An Garda Sochna. The
melee of an election will not provide it.
http://www.irishexaminer.com/viewpoints/analysis/gerard-howlin-
election-wont-help-resolve-dirty-war-in-an-garda-siochana-
442764.html
LATEST: Taoiseach: The quicker
Commission of Investigation begins,
the better for everybody
Garda Commissioner restates her innocence

FF Justice Spokesman insists he mentioned Tusla file to


Justice Minister on Wednesday evening

Justice Minister claims she had been unaware of the file


until learning of it through the media last Thursday

Sinn Fin have called for a general election and will table
motion of no confidence in the Government this week

Fianna Fil will abstain from the motion, but will not be
'pulling the plug' on the Government

Party leader Michel Martin will meet Sergeant Maurice


McCabe today

The McCabe family has rejected the apology issued by the


HSE yesterday saying it was not good enough

Taoiseach Enda Kenny has not ruled out a criminal


investigation into the affair

Update 2pm: Enda Kenny refused to answer questions on


the dispute between Fianna Fil and Fine Gael surrounding
the Maurice McCabe controversy, instead calling for the
Charleton inquiry to begin its work.

"Every day that passes that this Commission was not able
to do its work means further delay in the determination of
the truth of the allegations around this," he said.

"I note the comment from the Commissioner of the Garda.


"Everybody in this country is entitled to a presumption of
innocence until proven guilty, and in this case the quicker
that Commission of Investigation gets underway to do its
work, the better for everybody concerned."

The Taoiseach was speaking at a jobs announcement from


San Francisco firm NGINX in Cork Opera House today.

Update 1.50pm A Fine Gael TD Noel Rock has also called


for a "full and frank apology" to Maurice McCabe from
Government, writes Elaine Loughlin, Political Reporter.

He has called on the Taoiseach to announce when he will


step down as the leadership issue to be "cleared up".

Calling on Enda Kenny to give details of when he intends


to step aside, Mr Rock said: "It's the appropriate time to be
setting out a deadline for the future not only for himself
but for the sake of Fine Gael party so we have clarity in
our own minds that if there is a General Election in the
next six or nine months we will know who will be leading
us.
"The current opinion polls don't necessary represent the
support of the party and we need to perhaps sort out the
leadership issue arising from that.
"We know that Enda Kenny has said that he wont be
leading up until the next election therefore there is a bit of
a vacuum when people are asked in an opinion poll who
they will be voting for. They don't know who they will be
voting for if they vote for Fine Gael.
So we need to clear that up sooner rather than later."
However, he added that priority for Government should
now be around addressing the false allegations made in
Tusla report about Garda McCabe and Government's
response to it.
"The real priority is sorting this mess out first, what need
to see is leadership today and tomorrow, what we need is
a full and frank apology to Garda McCabe on behalf of the
government and I think that's warranted as soon as
possible," Mr Rock told RT's News at One.

Update: 12.10pm: Garda Commissioner Noirin O'Sullivan


has released a statement, strongly protesting her
innocence and reiterating her intention to remain in her
position.

The Garda Commissioner said: "A campaign of false


accusations, repeated and multiplied, do not make me
guilty of anything."

Commissioner O'Sullivan said it would be the easiest


option to step down and she is not going to do that as she
is innocent of the allegations and the Garda force has
made significant progress under her reign.

Update: 12pm: Sinn Fein have called for a general


election and claimed government ministers to failed to
protect whistleblower Sgt Maurice McCabe.
The Opposition party outlined its motion of no confidence
in the minority government this morning, saying the
chaotic administration needed to go.
Deputy leader Mary Lou McDonald told reporters that
there had been a failure at the heart of government over
protecting Sgt McCabe.

The party's motion will either be tabled in the Dil


tomorrow or on Wednesday.
It attacks the heart of Government rather than any one
minister and says declares that the Dil has no
confidence in the government and calls on Taoiseach
Enda Kenny and his Cabinet to resign to allow for fresh
elections.
The motion also notes the recent revelations regarding
how Sgt McCabe was treated by agencies, including Tusla,
which has apologised to the garda over a file that
mistakenly accused him of child sex abuse.
The scandal over how the whistleblower had gone on for
years, noted Ms McDonald.
An election though would not delay how a criminal
investigation could be carried out into how Sgt McCabe
was treated by agencies, including by garda, said the TD.

Update 11.30am: Fianna Fil's Justice Spokesperson Jim


O'Callaghan has said that he mentioned Tusla three or
four times when he met Justice Minister Frances
Fitzgerald last Wednesday evening.

Jim O'Callaghan said he met Minister Fitzgerald to


forewarn her and the government about the PrimeTime
programme.
100% certain that I did mention Tusla and I'm also 100%
certain that I said to the Tnaiste, and the words I used
were - 'Frances, you need to speak to Katherine Zappone
because she has met Sgt McCabe and she has full
knowledge about this issue'," he said.
Speaking to Today with Sean O'Rourke on RT Radio 1, he
stated: "I said it three or four times, when we sat down I
said there's an issue here, Primetime are doing a
programme tomorrow night about a Tusla file, [Fianna Fil
leader] Michel Martin has just mentioned it to me and he
has just spoken to Maurice McCabe."
Fianna Fil justice spokesperson Jim O'Callaghan has said
he is "100% certain" that he mentioned the Tusla file on
Garda whistleblower Maurice McCabe to the Minister for
Justice last Wednesday.
https://soundcloud.com/rte-radio-1/jim-o-callaghan-
interview

Tnaiste Frances Fitzgerald yesterday said the first she


heard of details of the file and unfounded allegations
against Sgt McCabe was when she watched RT's Prime
Time more than 24 hours later on Thursday.
This is now a bitter row between the main Government
party and Fianna Fil, which facilitates the minority
Government from the Opposition benches.
Both sides remain entrenched in their positions ahead of
this week's no confidence motion in the Government
tabled by Sinn Fin.
He added that he and the Justice Minister also spoke at
length about extending terms of reference for the
Charleton inquiry.
Jim O'Callaghan said he met Minister Fitzgerald to
forewarn her and the government about the PrimeTime
programme.
"I'm a 100% certain that I did mention Tusla and I'm also
100% certain that I said to the Tnaiste, and the words I
used were - 'Frances, you need to speak to Katherine
Zappone because she has met Sgt McCabe and she has
full knowledge about this issue'," he said.
Mr O'Callaghan said he had great time for Minister
Fitzgerald and he did not find the current situation
pleasant.
He also said that Garda Commissioner Noirin O'Sullivan
should access where she stands, and, if she thinks the
matter is interfering with her ability to do her job, then she
should take that into account.
However he also said there is a principle that allows
individuals to defend themselves and this should apply to
Commissioner O'Sullivan.
Follow

The Week in Politics


. looks back on the timeline of events leading up to the
Charleton inquiry
7:00 PM - 12 Feb 2017

"It's a matter that the commissioner should access where


she stands, he said.
If she thinks that this matter is interfering with her ability
to do her job, then that's a factor she should take into
account. I think there is a principle that if allegations are
made against individuals, and they deny them, they're
entitled to defend themselves. If the allegations against
her are found to have substance, we won't be calling for
her just to resign. We'll be calling for her to be removed."
He added that he did not mention reference to Tulsa in the
Dil debate on the terms of reference because he had a
limited amount of information.
Update 11am: The Independent Alliance are set to speak
to Minister for Children Katherine Zappone later today
over how she handled false Tusla allegations of child sex
abuse against Sgt Maurice McCabe, writes Political
Correspondent, Juno McEnroe.

The Irish Examiner can also reveal that one alliance


member spoke with Justice Minister Frances Fitzgerald
over the deepening crisis last night, as more answers are
sought on the Tusla file.

The Government is under huge pressure to answer


questions and explain what it knew and did regarding the
child and family agency file and allegations.

Ahead of a vote of no confidence being submitted to the


Dil by Sinn Fin this week, the minority government are
set to have a number of meetings to attempt to close
down the crisis.

The Irish Examiner understands that one senior member


of the alliance will speak with Minister Zappone when she
flies back into Dublin later today.

She faces questions about why she did not flag the Tusla
file and controversy with her Cabinet colleagues,
especially last week when it was setting up an inquiry into
how Sgt McCabe has been treated by garda.

Follow

RT News

"Did you not know enough to ask questions?" ine Lawlor


asks Tnaiste Frances Fitzgerald.
12:17 PM - 12 Feb 2017
Justice Minister Frances Fitzgerald maintains the first she
heard of the concerns was on Thursday night. Fianna Fil
disagree and says justice spokesman Jim O'Callaghan told
her about the file on the Wednesday night.
The development comes as Fianna Fil continue to
disagree with Fine Gael on whether the Tusla file concerns
were flagged with the Justice Minister ahead of media
publishing the story last week.
Justice Minister Frances Fitzgerald maintains the first she
heard of the concerns was on Thursday night. Fianna Fil
disagree and says justice spokesman Jim O'Callaghan told
her about the file on the Wednesday night.

Follow

Ronan Madigan

8:56 PM - 12 Feb 2017


In a further dramatic development, Fianna Fail leader
Michel Martin has also hinted that Garda Commissioner
may have to resign.

The government have agreed to a full inquiry into an


alleged campaign by senior members of the force to
undermine whistleblower Sgt Maurice McCabe.

Mr Martin is set to meet the whistleblower later today and


view the Tusla file for himself.

Speaking to local radio in Cork this morning, Mr Martin


said that the garda chief should assess her own position.

"The Commissioner herself should assess where she


stands," he told Cork's 96fm.

Update 9.18am: Fianna Fil's Justice Spokesman says he


is 100% certain he told Frances Fitzgerald about Tusla's
role in the whistleblower saga last Wednesday.
Jim O'Callaghan insists he told the Justice Minister about
the involvement of the child and family agency a day
before she claims to have found out.

He says that he also urged her at the meeting to expand


the terms of reference of the Commission of investigation.

Im 100% certain I did, he said.

I also said to her, and I remember saying it distinctly, I


said: Frances, you need to speak to Katherine Zappone, as
she met Sergeant McCabe, and she has this information
about the Tusla file, about which I dont have all the
information.
Update 7.29am: Fianna Fil leader Michel Martin is to
meet Sergeant Maurice McCabe today, as a row continues
between his party and Justice Minister Frances Fitzgerald.

Deputy Martin has asked to see a copy of the Tusla file,


and is set to meet Maurice McCabe later, according to the
Irish Examiner newspaper.

Fianna Fil Justice spokesman Jim O'Callaghan is insisting


Tusla's role in the whistleblower controversy was flagged
with Minister Fitzgerald in a meeting on Wednesday, but
she maintains she found out on Thursday.

Irish Examiner special correspondent Michael Clifford said


that the Minister Fitzgerald is adamant her meeting with
Fianna Fail's Jim O'Callaghan did not discuss the child and
family agency.
Frances Fitzgerald is saying that wasnt the nature of the
conversation at all, and thats certainly not what she
picked up and therefore she did not bring that forward to
be included in the terms of reference, he said.

The pair wont seem to meet on that one, it seems, so


theres definitely an issue there.

Update 7.29am: Sinn Fein's Mary Lou McDonald hit out


at the Government ahead of the publication of her party's
motion of no confidence in the Government.

Most importantly of all, I dont believe that they have any


appetite for really getting to the bottom of matters or for
bringing about the kind of reform that An Garda Siochna
needs, she said.
Earlier:

The row between Fine Gael and Fianna Fil has deepened
over when the Government found out about Tusla's role in
the Maurice McCabe affair.

Michel Martin claims his party told the Tnaiste about


Tusla's role on Wednesday.

Justice Minister Frances Fitzgerald insists she only learned


about it in media reports on Thursday.

However Fianna Fil has confirmed it will abstain in Sinn


Fin's motion of no confidence in the Government in the
Dil this week.

However, party spokesman Dara Calleary said that


although there are questions to answer, "pulling the plug
on the Government" will not solve anything.

"Look, Our position is - we want to get answers to this


issue," he said.
"Collapsing the Government will not provide the answers
that Maurice McCabe, will not provide the answers that the
public need to have confidence in Tusla and have
confidence in our policing system,

"Collapsing the Government at this stage also will not take


anybody off a health waiting list, will not provide a house
to anybody.

"Government, stable Government, and an effective Dil


and Senate will do that."
A new row has broken out between Fine Gael and Fianna
Fil - over when the Government found out about Tusla's
role in the Maurice McCabe affair.

Micheal Martin claims his party told the Tnaiste about


Tusla's role on Wednesday, 24 hours before it first
emerged in the media.
But Frances Fitzgerald has again tonight insisted she was
not told of Tusla's role, in the meeting with Fianna Fil's Jim
O'Callaghan on Wednesday night.

The Tanaiste insists she only learned of Tusla's role in the


scandal in media reports 24 hours later - despite being
aware of a meeting between McCabe and the Children's
Minister Katherine Zappone two weeks earlier.

Garda Commissioner Nirn O'Sullivan


says her position is "unchanged" in the
wake of controversy over the treatment
of Maurice McCabe.

Frances Fitzgerald throwing colleague


under a bus
Justice Minister Frances Fitzgerald was accused of throwing
a Cabinet colleague under the bus and of not being
credible, after denying she had knowledge about a file
on a Garda whistleblower.

Opposition TDs questioned the veracity of Frances


Fitzgerald's answers after claims she had misled the Dil.

As tensions rose inside Government, the Tnaiste faced


mounting disbelief yesterday over how ministers handled
false sex abuse allegations against whistleblower Sergeant
Maurice McCabe.
Several opposition TDs questioned the veracity of Ms
Fitzgeralds answers after weekend claims she had misled
the Dil last week over her knowledge about the Tusla
false sex abuse allegations.
The latest political crisis surrounding whistleblowers has
rocked the minority coalition, just as it moves to agree
terms for a full inquiry into an alleged campaign to
undermine those garda.
Ms Fitzgerald, despite being the minister overseeing the
setting-up of the new inquiry, claimed she had been
unaware of the Tusla file until learning of it through the
media last Thursday.
The Fine Gael minister told RT how Minister for Children
Katherine Zappone rang her on January 25 to say she was
meeting Sgt McCabe. Sgt McCabe has been central to
several inquiries and scandals, some of which resulted in
the resignation of a former justice minister and Garda
commissioner.
But the justice minister simply said on the phone to her
Cabinet colleague: I said thanks for calling me Katherine
and that was it. The justice minister said that was the
only conversation the two had about the McCabe meeting,
despite the fact it centred on the Tusla false abuse claim
and a formal apology to the garda.
This was also ahead of the Cabinet last week assessing
the terms for the new Charleton inquiry.
Ms Fitzgerald added: Cabinet ministers talk all the time in
relation to information or meetings they are having and
what happens is, if something is relevant, the person
comes back to you.
The Tnaiste also insisted that by not asking Ms Zappone
about the McCabe meeting, she was respecting the
integrity of her meeting with him.
Theres no conspiracy theory here of me taking certain
actions in order to avoid certain things, said Ms
Fitzgerald. But Independent4Changes Clare Daly said the
answers were not credible, as did Labours Alan Kelly.
The latter said this was particularly so as the justice
minister had previously been made aware of another
Garda whistle-blowers concerns, and problems with Tusla,
from 13 letters that were sent to her.
Mr Kelly also suggested Ms Fitzgerald had thrown the
minister for children, under a bus and Cabinet had
broken down.
Minister Fitzgerald knew in October from a second
whistleblower that he had concerns regarding how his
family were treated by Tusla so when Minister Zappone
told her she was meeting the McCabes regarding his
concerns, why didnt she connect the two? he asked.
Sinn Fin also claimed Ms Fitzgerald misled the Dil last
week on the matter, an allegation strenuously denied by
the minister.

Tusla chief executive Fred McBride with Minister for


Children Katherine Zappone. Picture: Gareth Chaney
Collins

Tusla is at the eye of a storm in relation to the handling of


the false allegation regarding Sgt Maurice McCabe, but it
is not the first time the Child and Family Agency has come
under scrutiny.
Tusla became an independent legal entity on January 1,
2014, under its parent department, the Department of
Children and Youth Affairs. It was a move seen as finally
giving child welfare and protection concerns the primacy
they deserved following years of accusations that they
were near the bottom of the to-do list within the Health
Service Executive.
Under its new guise, it pulled together HSE Children &
Family Services, the Family Support Agency, and the
National Educational Welfare Board. However, there were
queries over what the Child and Family Agency did not
include, including Child and Adolescent Mental Health
Services. It also took on plenty of legacy issues, including
a fractured child welfare and protection system which had
seen disparities in referrals and how they were dealt with
under the old HSE system.
It has an operational budget of approximately 600m but
Fergus Finlay, chief executive of Barnardos, has been
among those arguing that this is inadequate given the
broad range of services Tusla operates and the burgeoning
number of cases on its books. As of last November, its
budgetary overspend was still just 5.2m for the year, and
that was primarily down to non-pay and private residential
and foster care expenditure. It has almost 4,000 staff.
It has been playing catch-up on frontline recruitment,
while the long-awaited National Child Care Information
System a central system supporting child protection,
child welfare, and social work services in Tusla has also
witnessed numerous delays.
Regional weaknesses were not long coming to the fore. In
April 2015, Tusla announced that it was launching a review
following the discovery of hundreds of files relating to
children by a recently appointed principal social worker in
its Portlaoise office. The discovery of the files as well as
another 822 files where garda had made referrals to
either Tusla or the HSE had sparked concerns for the
welfare of the children mentioned in the previously
unattended-to files.
Completed later in 2015, the audit of 743 case files found
that 660 required the allocation of a social worker
including 127 that needed immediate action.
At the time, Fred McBride, now Tusla chief executive but
then its chief operating officer, said: A clear weakness
identified in the Laois/Offaly area has been that relating to
filing and records management.
There is a lot of goodwill towards Tusla, given its
difficulties in matching its relatively modest budget with
the scale of the job on its hands, and much sympathy for
those working within those constraints.
But criticism never seems too far away. Just last month the
president of the district court, Judge Rosemary Horgan,
criticised Tusla for its handling of a case involving two
siblings who are now on their sixth social worker. A string
of inspection reports by the Health Information and Quality
Authority (Hiqa) has highlighted cases where children
have not been allocated a social worker. Last year, a draft
internal report warned senior management in Tusla that
more than 225 children may be at risk due to being in
continuing contact with alleged abusers.
At the same time, Tusla is a work in progress. There are
good news stories. Its most recent annual report, for 2015,
showed a 21% reduction in cases awaiting allocation to a
social worker and a 65% reduction of high priority cases
awaiting allocation to a social worker.
But, as recent revelations show, it may be some time
before it is rid of its growing pains.

I am innocent' and
won't step aside,
says Garda
Commissioner
O'Sullivan
Updated / Monday, 13 Feb 2017
Nirn O'Sullivan has rejected calls to step aside from her role
This is the actual article body
Garda Commissioner Nirn O'Sullivan has said her
position is unchanged in the wake of controversy over
the treatment of garda whistleblower Maurice
McCabe.
Labour Party leader Brendan Howlin last week told
the Dil a journalist had alleged to him that
Commissioner O'Sullivan had made very serious
allegations of sexual crimes about Sergeant McCabe
to journalists in 2013 and 2014.
Responding to Mr Howlin's comments last week, the
commissioner said she "refutes in the strongest terms
the suggestion that she has engaged in the conduct
alleged against a serving member of An Garda
Sochna".
It later emerged a Tusla file contained false
allegations of child sex abuse against Sgt McCabe.
This afternoon, Ms O'Sullivan issued a statement
saying: "Nothing has emerged in the last three weeks
which in any way changes" her position.
She said: "A campaign of false accusations, repeated
and multiplied, do not make me guilty of anything

"I have made it clear that I was not part of any


campaign to spread rumours about Sgt McCabe and
didn't know it was happening at the time it was
happening. I have repeatedly refuted that claim and
do so again.
"The easiest option for me would be to step aside
until the commission finishes its work.
"I'm not taking that option because I am innocent and
because An Garda Sochna, under my leadership,
has been making significant progress, with the help
of our people, the Government, the Policing Authority
and Garda Inspectorate, in becoming a beacon of
21st Century policing."

Read: Garda Commissioner's statement in full


Sinn Fin launches motion of no confidence in
Govt
https://static.rasset.ie/documents/news/statement-of-
garda-commissioner-13th-february-2017.pdf
Transcript

Statement of Garda Commissioner 13th


February 2017
My position remains unchanged. Nothing has emerged in
the last three weeks which in any way changes that
situation.
A campaign of false accusations, repeated and multiplied,
do not make me guilty of anything.
I have made it clear that I was not part of any campaign to
spread rumours about Sergeant McCabe and didn't know it
was happening at the time it was happening. I have
repeatedly refuted that claim and do so again.
The easiest option for me would be to step aside until the
Commission finishes its work.
I'm not taking that option because I am innocent and
because An Garda Sochna, under my leadership, has
been making significant progress, with the help of our
people, the Government, the Policing Authority and Garda
Inspectorate, in becoming a beacon of twenty first century
policing.

Taoiseach Enda Kenny said what the Government


wants is an "effective, working commission as soon
as possible".
Speaking in Cork, where he is announcing 100 jobs
at a technology firm in the city, Mr Kenny said nobody
is objecting to a Commission of Investigation and it
could start this week and the quicker it started its
work, the better for everyone concerned.
He said Sgt McCabe and his family have been
seriouly maligned over the false allegations of sexual
abuse.
Mr Kenny noted the statement from the Garda
Commissioner and said everyone is "entitled to the
presumption of innocence until proven guilty".
Meanwhile, Fianna Fil justice spokesperson Jim
O'Callaghan has said he is "100% certain" that he
mentioned the Tusla file on Sgt McCabe to the
Minister for Justice last Wednesday.
Tnaiste Frances Fitzgerald yesterday said the first
she heard of details of the file and unfounded
allegations against Sgt McCabe was when she
watched Error! Hyperlink reference not valid. more
than 24 hours later on Thursday.
This is now a bitter row between the main
Government party and Fianna Fil, which facilitates
the minority Government from the Opposition
benches.
Both sides remain entrenched in their positions
ahead of this week's no confidence motion in the
Government tabled by Sinn Fin.
Labour leader Brendan Howlin has said his party will
be voting no confidence in the Government on
Thursday.
Speaking on RT's Today with Sean O'Rourke, Mr
O'Callaghan said he met Ms Fitzgerald to forewarn
her and the Government about the Prime Time
programme and said he referenced the State agency
at least three times in the conversation.
He said he also told Ms Fitzgerald that she should
speak with Minister for Children Katherine Zappone
as Ms Zappone had met Sgt McCabe and knew
about the Tusla file.
He said: "I'm 100% certain that I did mention Tusla
and I'm also 100% certain that I said to the Tnaiste,
and the words I used were - 'Frances, you need to
speak to Katherine Zappone' because she has met
Sgt McCabe and she has full knowledge about this
issue."
Mr O'Callaghan added that he and the Minister for
Justice also spoke at length about extending terms of
reference for the Charleton Commission of
Investigation.
The commission is to examine whether there was a
smear campaign against Sgt McCabe orchestrated
by senior garda.
Mr O'Callaghan said he did not mention Tusla in the
Dil debate on the terms of reference last week
because he had a limited amount of information.
He also said that Commissioner O'Sullivan should
assess where she stands, and if she thinks the
matter is interfering with her ability to do her job then
she should take that into account.
However, he said there is a principle that allows
individuals to defend themselves and this should
apply to Commissioner O'Sullivan.
If the allegations against Commissioner O'Sullivan
are found to have substance, Fianna Fil would call
for her to be removed, he added.
Ms Fitzgerald avoided speaking to waiting media
about the scandal at an event at the Department of
Justice this morning.
The minister launched a report on the findings of a
family intervention programme for prisoners, and
gave a speech at the event, but arrived and left
through a back door in the room, and a back door of
the building.
Minister for Housing Simon Coveney has said an
explanation is clearly needed about what happened
in the conversation between Ms Fitzgerald and Mr
O'Callaghan.
Speaking on Red FM this morning, Mr Coveney said
he believes Ms Fitzgerald when she says something
and added that the Fianna Fil statement disputing
her version of events was a twist he was not
expecting.
The sooner the issue is resolved, he said, the sooner
they could move on from a "political disagreement" to
the establishment of a commission of investigation
that needs to do very important work.
The idea seemed "non-credible" that Sgt McCabe,
"probably the most high-profile whistleblower in the
State", happened to be the victim of a clerical error
which was damaging and smearing him and linking
him to allegations of child sex abuse in the worst
possible way, he said.
He said that is why it was now important to move
from rumour and allegations to establishing the facts.

Yesterday evening, Sgt McCabe and his wife Lorraine


told RT News they have decided to have no further
direct engagement with the Health Service
Executive or Tusla in the wake of an apology over a
file by the Child and Family Agency Tusla containing
false allegations of sexual abuse against him.
The HSE is planning to issue a formal apology to Sgt
McCabe today, but will not comment publicly on the
issue.

Chaotic
Government needs
to go McDonald
13 February, 2017 - by Mary Lou McDonald TD
Sinn Fin Deputy Leader Mary Lou McDonald TD has said that the
failure of the Government to act to protect the interests of Garda
Sgt Maurice McCabe and, by extension, endangering the rights of all
citizens, means that it cannot remain in
Sinn Fin Deputy Leader Mary Lou McDonald TD has said that
the failure of the Government to act to protect the interests of
Garda Sgt Maurice McCabe and, by extension, endangering the
rights of all citizens, means that it cannot remain in power.
Deputy McDonald made the comments as Sinn Fin published
a motion of no confidence the Government which the party will
move in the Dil on Wednesday.
Teachta McDonald said:
The Government has failed demonstrably and abjectly in its
response to the vicious smear campaign waged against Garda
Whistleblower Sgt Maurice McCabe. This has endangered the
rights of all citizens. The coalition cannot remain in power
The Minister for Justice and the Taoiseach fumbled their way
through the weekend, making up the Government's approach
as they went along.
Their positions regarding when they were informed of the
Tusla file and the false allegations against Sgt McCabe simply
do not stack up.
Over the past three years, Fine Gael has failed to protect the
good name of Maurice McCabe and has failed to get to the
bottom of his allegations and the smear campaign against him.
Through their ineptitude and their clear decision to muddy the
waters, rather than providing the truth, the government has
completely undermined public confidence in its ability to
govern effectively. It is a government dominated by crisis,
chaos, and spin as focuses its energies on retaining power
rather than on delivering genuine solutions.
Sinn Fin has zero tolerance for corruption, incompetence and
malpractice in government
We have submitted this motion of no confidence in the
government because we do not have any faith in the ability of
this administration to deliver truth and justice for Maurice
McCabe or in its ability to resolve the wider issues at play in this
controversy.
In fact, we are of the opinion that the preservation this
government would serve as the major barrier to finding a
satisfactory resolution to this debacle.
We are urging all Dil deputies to support the motion in order
to remove from power a chaotic government that has already
lost its authority.
Fianna Fil and Michel Martin cannot sit on their hands and
vote to abstain with any credibility. They cannot hide behind
the supply and confidence agreement in an effort to shirk their
responsibilities.
Fianna Fil TDs cannot just shrug their shoulders and wait for a
better time to pull down the government based on their own
narrow electoral interests. This matter goes to the heart of the
integrity of this government and the time to bring the chaos to
an end is now.
Note: Please see the Motion in question below
Motion re: No confidence in the Government
The motion reads:
That Dil ireann notes:-
The recent revelations regarding whistleblower Garda
Maurice McCabes treatment by agencies of the state;
The failure of Government ministers to act to protect the
interests of Garda McCabe and, by extension, endangering the
rights of all citizens;
That this scandal goes to the very heart of the integrity of
this Government;
Declares that Dil ireann has no confidence in the
Government and calls on An Taoiseach and his entire Cabinet
to resign forthwith to allow fresh elections.
Gerry Adams, John Brady, Pat Buckley, Jonathan OBrien,
Sen Crowe, David Cullinane, Pearse Doherty, Dessie Ellis,
Martin Ferris, Kathleen Funchion, Martin Kenny, Mary Lou
McDonald, Denise Mitchell, Imelda Munster, Carol Nolan, Eoin
Broin, Caoimhghn Caolin, Donnchadh Laoghaire,
Louise OReilly, Aengus Snodaigh, Maurice Quinlivan, Brian
Stanley, Peadar Tibn.
Sinn Fein will table the motion of NO CONFIDENCE in the
gov on WED this week, (just a day after the dail resumes
after a weekend of he said\she said). Labour is supporting
the Motion, PBP is supporting it etc, Sinn fein is calling on
FF to support the motion and stop propping up this gov
which has lost all credibility.
"The Minister for Justice and the Taoiseach fumbled their
way through the weekend, making up the Government's
approach as they went along.
Their positions regarding when they were informed of the
Tusla file and the false allegations against Sgt McCabe
simply do not stack up."
Out of control Smear and Slander Inc; otherwise known as
Tusla. The manner of the intervention of Tusla in our
clients family life is a cause of concern and is by any
measure an inexcusable abuse of their position. Their
intervention caused our client untold stress, distress and
anguish
It's hard for the claim of "clerical error" to stand up to
scrutiny when you have more than one case involving the
smearing of a whistleblower with the same parties coming
to light

McCabe seriously
maligned over false
allegations - Kenny
Updated / Monday, 13 Feb 2017

Enda Kenny said Maurice McCabe and his family have been
seriously maligned
This is the actual article body
Taoiseach Enda Kenny has said that garda
whistleblower Maurice McCabe and his family have
been seriously maligned over false allegations of
sexual abuse.
RT's Prime Time reported last week that Tusla - the
child and family agency - sent a file containing false
allegations of sexual abuse against Sgt McCabe to
garda in 2013.
Sgt McCabe was not informed that the Tusla file
contained this allegation
Speaking in Cork at a jobs launch, Mr Kenny said the
important thing is that the Commission of
Investigation starts its work as quickly as possible.
The Commission of Investigation under Judge Peter
Charleton will investigate any links between Garda
Commissioner Nirn O'Sullivan and former
commissioner Martin Callinan and an alleged smear
campaign against Sgt McCabe.
Mr Kenny said every day that passes in which the
commission is unable to carry out its work means
further delay in the determination of the truth of the
allegations.
He said nobody is objecting to a Commission of
Investigation and it could start this week.
The Taoiseach also noted the statement from the
Garda Commissioner Nirn O'Sullivan and said
everyone is "entitled to the presumption of innocence
until proven guilty".
Ms O'Sullivan said this afternoon that her position is
unchanged in the wake of controversy over the
treatment of Sgt McCabe.
She issued a statement saying: "Nothing has
emerged in the last three weeks which in any way
changes" her position.
She said: "A campaign of false accusations, repeated
and multiplied, do not make me guilty of anything".
"I have made it clear that I was not part of any
campaign to spread rumours about Sgt McCabe and
didn't know it was happening at the time it was
happening. I have repeatedly refuted that claim and
do so again.
"The easiest option for me would be to step aside
until the commission finishes its work.
"I'm not taking that option because I am innocent and
because An Garda Sochna, under my leadership,
has been making significant progress, with the help
of our people, the Government, the Policing Authority
and Garda Inspectorate, in becoming a beacon of
21st Century policing."

Labour Party leader Brendan Howlin last week told


the Dil a journalist had alleged to him that
Commissioner O'Sullivan had made very serious
allegations of sexual crimes about Sgt McCabe to
journalists in 2013 and 2014.

http://www.rte.ie/news/2017/0213/852182-maurice-mccabe/

Administrative error'
led to false McCabe
sex abuse allegation
Updated / Friday, 10 Feb 2017

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.
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.
http://www.rte.ie/news/2017/0209/851518-tusla/

FG chair accuses Jim


O'Callaghan of lying
about Dil bar
conversation with
Tnaiste
Kevin Doyle and Niall O'Connor
PUBLISHED
13/02/2017 | 12:46
 37 COMMENTS
8 SHARE




1
Critical of Fianna Fil: Fine Gael chairman Martin Heydon Photo:
Tom Burke
The chairman of Fine Gael has suggested
that Fianna Fils justice spokesman Jim
OCallaghan is lying about his Dil bar
conversation with Tnaiste Frances
Fitzgerald.
SHARE

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The two politicians have presented vastly different
versions of a meeting they had last Wednesday evening
with Ms Fitzgerald vehemently denying that he alerted her
to Tusla link to the Maurice McCabe scandal.
Fine Gael party chairman Martin Heydon has today
enflamed the row by saying he believes the Tnaiste and
therefore Mr OCallaghan is telling untruths.
On his local radio station Kildare FM, Mr Heydon said: I
believe the Tnaiste and I spoke directly to her last night
on the phone. In all of my dealings with Frances Fitzgerald
I have found her to be a woman of the upmost integrity.
Asked repeatedly by presenter Shane Beatty whether that
meant Mr OCallaghan was lying, the TD replied: If
both sides cant be reconciled thats what were looking at,
yes.
The statement has been met with fury from Fianna Fil
who are considering a response.
Ms Fitzgerald attended an event in Dublin this morning
but entered via a backdoor in order to avoid the waiting
media.
Senior Fianna Fil sources say they are furious at Fine
Gael over Mr Heydon's remarks.
And Fianna Fil TD for Kildare South, Fiona O'Loughlin,
suggested that the confidence and supply agreement is
now breached.
She tweeted: "'Lying' is a very strong term..Where is the
'confidence' in confidence and supply now?Clearly eroided
from my and @fiannafailparty view."
http://www.independent.ie/irish-news/politics/fg-chair-accuses-jim-
ocallaghan-of-lying-about-dil-bar-conversation-with-tnaiste-
35446879.html
The phrase cut and paste has been used to explain this
error. How so? Prior to the allegation there was no file on
Sgt McCabe. What could be cut and pasted? The file
opened on Sgt McCabe had handwritten notes on the
specifics of the serious allegation. How did that originate?
What could it have been cut and pasted from.? Specifics
are required and promptly.
Michael Clifford: Cock-up or conspiracy, its time to
come clean about Maurice McCabe claims
Without a full explanation from the HSE and garda about their
handling of the Maurice McCabe claims, public confidence in both
agencies will drain away, says
IRISHEXAMINER.COM

his whole thing stinks of the coalition from hell trying to


manage this crisis in such a way so as to prevent the
collapse of the government.
Fianna Fil's continued support for Fine Gael even as these
revelations have come to light, by abstaining on the no
confidence vote, confirms this.
They will try anything to keep from having to go to the
people just yet.
Corruption,The body count is growing ... how long can Michel afford
to keep the crazed Mayo megalomaniac in power?
https://www.facebook.com/photo.php?
fbid=1866513113628476&set=gm.1800285353568156&type=3&th
eater
Even after all of this, they STILL want you to believe that it
was a simple and unfortunate "clerical error".
Talk about taking the public for eejits...

Crisis escalates for


Irish Government over
attempts to silence
police whistleblower
Niall O'Dowd @niallodowd February 13, 2017
Justice Minister faces questioning over knowledge of a file created to
blacken the reputation of police whistleblower.
IRISHCENTRAL.COM

Irish Justice Minister Frances FitzGerald faces tough


questioning on her knowledge of a file created by
state children's agency Tusla which was put
together to blacken the reputation of police
whistleblower Maurice McCabe. The file claimed,
completely falsely, that McCabe was a pedophile.
McCabe had blown the whistle on numerous cases of
penalty points abuse by senior Irish police. It was revealed
that former Police Commissioner Martin Callinan was
among those who had penalty points removed from his
driver's license.

3
Police whistleblower Maurice McCabe.

The case has become so serious that Sinn Fein has called
for a motion of no-confidence in the government for
Wednesday.
If the Tusla file was a deliberate act it shows an
astonishing level of collusion between a childrens agency
and the Irish police to silence and blacken the reputation
of a whistleblower.
Read more: Irish cop whistleblower may bring down govt
as no confidence vote called
Fitzgerald is accused of withholding information on the
Tusla blackmail file, but she claims she never saw it in
time to make it part of a major judicial investigation into the
entire case.
Another minister, American-born Katherine Zappone,
Minister for Children, certainly saw the file but never
informed her cabinet colleagues of it, though she claims
otherwise

Moreover, Fianna Fail, which props up Fine Gael in


government, stated that Minister FitzGerald had told
Fianna Fail shadow Minister Jim OCallaghan about the
file before the public inquiry was announced, which meant
she had to have knowledge before the Irish Cabinet
decided the frame of reference of the judicial inquiry.
Top brass in the Gardai (Ireland's police force) were
incensed at McCabe, who began naming names in 2012
based on his analysis of information on the Pulse system
that Irish police use, and sought to damage his reputation.
His evidence forced Callinan to retire early and then
Justice Minister Alan Shatter to lose his job after he had
ridiculed McCabes claims, which were subsequently
found to be true.
Back in 2006 the daughter of a corrupt garda named by
McCabe had alleged McCabe touched her inappropriately
during a hide and seek session,
The Director of Public Prosecutions dismissed the case as
having zero merits, and it was widely believed it was an
effort to smear McCabe.
Now, however, the file on that case has turned up in the
Irish children's agency with added sordid details that
alleged vaginal and anal touching. The agency says the
added details were from another case that somehow got
mixed up with the McCabe case, but there is great
skepticism about that explanation.
The file was widely used by top Gardai to smear McCabe
and try to sully his reputation among journalists. McCabe
was never told of the file on his case.
Last week, however, it was revealed that the details were
fictitious and the Sunday Times revealed that the child,
now a woman, had never made any allegations of further
abuse.
The Cork Examiner reports that the crisis facing the
Government over its handling of false allegations of child
sex abuse against Sgt Maurice McCabe is set to deepen
as Fianna Fil leader Michel Martin meets the
whistleblower today.
The meeting follows a request from Martin to see a copy
of the Tulsa file on the false allegations. It could put more
pressure on Garda Commissioner Nirn OSullivan to step
aside.
OSullivan has been accused of spreading misinformation
on the bogus file to media as well. She denies the reports.
Maurice McCabes case was investigated and documented
by RTE, Irelands national broadcasters, current affairs
show, Prime Time. Heres the full piece:
http://www.irishcentral.com/news/politics
/crisis-escalates-for-irish-government-
over-attempts-to-silence-police-
whistleblower

Criminals in Uniform - Re: Garda


whistleblower Maurice Mccabe
Feb 10, 2017
https://www.youtube.com/watch?v=eVhyzJ-u4_8

Irish cop whistleblower


may bring down govt
as no confidence
vote called
Niall O'Dowd @niallodowd February 12, 2017
A truth-telling cop, an Irish Serpico, now threatens to bring
down this current Irish government amid a welter of
corruption and false evidence charges
A truth-telling cop, an Irish Serpico, now threatens to bring
down this current Irish government amid a welter of
corruption and false evidence charges
Matters came to a head this weekend with Sinn
Fein announcing they were putting down a motion
of no confidence in the government and their
handling of the case of Sergeant Maurice McCabe.
Sinn Fein Deputy Leader Mary Lou McDonald stated
"The manner in which they (the government) have
handled the scandalous campaign of character
assassination against Sergeant Maurice McCabe
renders this Government unfit for public office.
"Sinn Fin will table a motion of no confidence ... in
this cover up Government without delay.
"We will be seeking support for this motion of no
confidence from all opposition TDs and Fianna Fil,"
added McDonald.
A weekend poll showed main government party Fine Gael
12 points behind Fianna Fail who have been propping
them up in government. The poll was taken before the
latest McCabe revelations.
Sergeant McCabe was a whistleblower, calling time on
corrupt colleagues and especially on illegal practices such
as removing penalty driving points for driving offenses for
favored big shots.
McCabe examined the Garda (police) computer system
known as Pulse and uncovered numerous corrupt uses of
the penalty points cancellation. He gathered the
information and presented it to the top police officials.

Former commissioner Martin Callinan. Credit: Courtesy Irish Sun

Sensationally among those who had benefited was the


police commissioner himself, Martin Callinan. When this
became public, and a whitewash inquiry occurred Callinan
called McCabe and a colleague who has since left the
force disgusting.
When the McCabe allegations of penalty point corruption
were confirmed the commissioner retired early, and
Justice Minister Alan Shatter who had also savaged
McCabe resigned. But the controversy was only
beginning. What transpired at the weekend however, was
truly sensational. A file containing an utterly bogus claim
that McCabe was a pedophile and had anally and
vaginally penetrated a young girl was found in possession
of the child protection agency Tusla.
After McCabe had exposed a corrupt colleague in an
assault case in 2006 that colleagues daughter had
claimed McCabe had tickled and touched her during a
game of hide and seek. The motivation clearly was
revenge, and the Director of Public Prosecution stated
there was no basis whatever for the claim.
However, her claim had now turned up again with extra
and graphic details on anal and vaginal penetration that
were not even included in the original file. Tusla also
added files for each of McCabes kids, even though two
are adults and even though they never informed the
alleged defendant McCabe of what they were doing. They
sent the file to police authorities without McCabe knowing
in complete disregard of all legal protocols
The child agency stated last week that the new and lewd
details had been connected to another case and had
somehow been transposed into McCabe's file and they
apologized. It was the first McCabe knew of the bogus
accusations against him.
However, every crime journalist in Dublin was fully aware
of the case as senior police officials had spread word of
the file, which they certainly knew all about claiming it was
real, to every major media source. That had highly colored
the coverage of McCabe with top cops undermining every
one of his revelations with leaked stories about how
dreadful a human being he really was.
A leading Irish politician stated that Commissioner
Callinan had personally tried to blacken McCabes
reputation saying he was not to be trusted during a private
meeting and politicians are probing current Garda
Commissioner Noirin OSullivan and whether she may
have known a fully fledged campaign was underway to
blacken McCabes name.
3
Commissioner Noirin O'Sullivan. Credit: Courtesy Irish Sun

Tusla was finally forced into the open following excellent


investigative work by the Irish television program Prime
Time.
Then came another twist when it was revealed that
Children's Minister Katherine Zappone, the American-born
politician was told by the child agency of the file and that it
had been sent to police authorities.
She said she had informed senior figures in the Irish
government of the existence of the file and where it was,
but the government leaders including Enda Kenny stated
that they had never received any detailed information.
Zappone, in Seattle for a family event was due to fly back
to Ireland this week and faces a media storm.
Meanwhile, Sergeant McCabe is finally getting the justice
he sought. McCabe first came to prominence when he
reported an assault case in his jurisdiction in Cavan had
not been pursued properly. He especially exposed
corruption in the penalty point system where well-known
figures who drove drunk, got into accidents, were caught
speeding had their penalty points scrubbed by top police
brass.
Opposition politicians have already named several well-
known figures alleged to have had traffic offenses
quashed. They include rugby star Ronan O'Gara, Judge
Mary Devins and crime reporter Paul Williams, now a
special correspondent for Independent newspapers who
has always had excellent police sources.
McCabe became a whistleblower after a previous police
scandal had resulted in a call for better governance and
for whistleblowers to step forward. As Michael Clifford
reported in the Irish Examiner, "He had first made
complaints, some years previously, about what he deemed
malpractice and deception. He had a good record when he
was asked to be station sergeant in Bailieboro, Co Cavan.
While there, McCabe encountered a number of concerns.
Eventually, following what he saw as shocking
incompetence in the investigation of a serious assault, he
made a complaint. Others followed. A number were
upheld, but McCabe wasnt informed whether any action
was taken against the officers involved. Pretty soon, it
became apparent that he was regarded as troublesome.
Making complaints wasnt the done thing. Get on with the
job; look the other way; bite your tongue, and move on.
The blue wall of silence was to be held intact.

On Dec 14, 2012, McCabe was called in by his district


superior and told he was being ordered to desist from
disseminating information gleaned from the Pulse system.
McCabe had examined files on the system that illustrated
widespread abuse of the penalty points system. Now, he
had an order issued against him. The message was being
conveyed to him that the upper echelons of the force had
identified him as a whistleblower.
Soon after he became the subject of an investigation into
a lost computer seized from a suspect alleged to have
child pornography on it. McCabe wasnt even remotely
connected to the case, and the investigation cleared him.
But he knew he was on notice especially with death
threats and anonymous threatening phone calls.
Columnist Fintan OToole of The Irish Times stated that if
the collusion between the child agency and the cops
occurred in order to blacken McCabe as now seems the
likely case it was incredibly serious.
The very possibility this could have happened is a threat
to Irish democracy. A State that has seen off subversion
from without may be looking at something even more
dangerous: subversion from within. It is not good enough
to hope this did not happen we have to know for sure
whether it did or not.
We know Frank Serpico was set up by his own colleagues
during a drugs raid when he called for backup and none
came and he was seriously injured. Maurice McCabe has
experienced the same lonely battle
When asked about his role in uprooting corruption among
Irish cops he said Having been treated the way I was for
reporting the above, I dont think that I would do it again. It
destroyed me, my career and my family.
It may also destroy this current Irish government.
http://www.irishcentral.com/opinion/niallodowd/irish-cop-
whistleblower-may-bring-down-govt-as-no-confidence-vote-called?
q=whistle

Garda Commissioner 'made allegations


of sexual crimes against whistleblower',
Dil hears
Feb 8, 2017
Labour leader Brendan Howlin has told the Dil that Garda
Commissioner Nirn OSullivan contacted journalists in 2013
and 2014 to make serious allegations about garda
whistleblower Maurice McCabe.

Howlin, speaking under Dil privilege, told the chamber that


the Commissioner had made allegations of sexual crimes
against McCabe.

Addressing the Taoiseach during Leaders Questions, Howlin


said that a journalist had contacted him this morning to say
that they had evidence in relation to the phone calls.

Taoiseach Enda Kenny said the allegations are "vehemently


denied" and said the Commissioner is entitled to the
government's full support.
Read more: http://jrnl.ie/3228919

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https://www.youtube.com/watch?v=8MPpv9xubv0

We're just one more


stumble away from an
unwanted general
election

John Downing Twitter


BIO
PUBLISHED
13/02/2017

1
Opinion polls are suggesting more woes to come for Fine Gael
leader Enda Kennys party. Photo: Getty
We are just one more political stumble away
from a general election that nobody much
wants. Just because nobody - but nobody -
wants an election any time soon does not
mean our politicians have the skills to avoid
it.
For more than four years, An Garda Sochna has been
stricken by controversy surrounding clearly well-founded
allegations from Sgt Maurice McCabe.
This past week, the Government announced a third fully
fledged inquiry into allegations that senior elements of the
force had set out to wrongly vilify and defame Sgt McCabe.

http://www.independent.ie/opinion/columnists/john-downing/were-
just-one-more-stumble-away-from-an-unwanted-general-election-
35445348.html
BREAKING: Garda Commissioner Nirn O'Sullivan has
released a statement saying that she is innocent and will
not be stepping aside.
"I have made it clear that I was not part of any campaign
to spread rumours about Sergeant McCabe and didn't
know it was happening at the time it was happening. I
have repeatedly refuted that claim and do so again."

'I am innocent': Nirn O'Sullivan says she won't


step aside
The commissioner says her position remains the same as it did
before this weekend.
THEJOURNAL.IE|BY CHRISTINA FINN
The Issue of Alleged criminal and misconduct was Committed by
Government and Commissioners and HSE and private owned
Scottish Quango Tulsa Company, The Files Exists Which Tulsa Has in
There percussion and Who did They get This Report From and who
had Access to The Files and How Many Knew About The False
allegation And that Mc Cabe was Subjected to a false Allegation
taking his Good Name Away, All The ingestions on the Same scandal
but has Escalated to a more Serious Treason criminal offences, and
Try to imputing His Good name, Mr Mc Cabe is entitle to his Good
Name and A Full Clearance and criminal Actions Against The lying
psychopaths sacked, and Jailed without any pension,
Tulsa Should Have A Tape On This meeting Interview of Alleged False
Allegation against Him by Garda Commissioner of Informer with
their Lies and Government Probably were involved too Helping This
Commissioner Bitch to Revenge her sick Psychopathic womans
Scorn, If They Can do This to Maurice MC Cabe the Scum are
Capable of Any Revenging and Set up Crimes, to take another
Persons Good Name in Vain is Unconstitutional and Illegal Without
Any Proof, the Crime was Premeditated and Constructed under
unfounded Evidence,
Report No. 2 REVIEW of GARDA SOCHNA ... the incident at
Abbeylara. This report makes ... other key Garda personnel at the
scenes of siege REVIEW of GARDA SOCHNA PRACTICES and
PROCEDURES for BARRICADE INCIDENTS
http://justice.ie/en/JELR/GInspBarricadeIncidents.pdf/Files/GInspBarri
cadeIncidents.pdf
Accountability Report of the Garda Sochna ... Report of the
garda Sochna inspectorate The Fixed Charge Processing
System A 21st Century
http://www.rte.ie/documents/news/gardainspectoratereport.pdf

Prime Time Garda Whistle Blowers


Feb 10, 2017
Clare Daly on Prime Time discussing the unfolding event about
the state's involvement in undermining Garda sgt. Maurice
McCabe.

https://www.youtube.com/watch?v=_NtjIaDfPh4

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

Kenny promises autumn


referendum on Oireachtas
committee powers
A referendum giving renewed powers of investigation to Oireachtas
committees will be held with the Presidental election.
Jun 15th 2011,

TAOISEACH ENDA KENNY has confirmed to the Dil that a


referendum, giving Oireachtas committees the power to
compel witnesses to attend their meetings, will be put to the
public alongside the Presidential election.
The disclosure comes on the heels of yesterdays
announcement that a referendum allowing the reduction of
judges pay will be put alongside the election to succeed
Mary McAleese.
That election, and the two referenda, are due in late October
or early November.
Responding to questions from Sinn Fin president Gerry
Adams in the Dil this lunchtime, Kenny confirmed that a
referendum enshrining the investigative powers of
committees as had been promised in the programme for
government would be put to the people alongside the
other two ballots.
The only task to be fulfilled in the meantime was to devise
the legislation and the question to support that, the
Taoiseach said.
The investigative role of Oireachtas committees was called
into focus by a 2001 High Court ruling which found that an
Oireachtas sub-committee did not have the power to make
factual findings or express opinions adverse to the good
name of a citizen.
The Oireachtas committee had been examining the death of
a Longford man who was shot dead by Garda after a siege at
his home in Abbeylara, Co Longford a placename which
has informally lent its name to that ruling.
http://www.thejournal.ie/kenny-promises-autumn-referendum-on-
oireachtas-committee-powers-156326-Jun2011/

Abbeylara
decision has
"serious
implications"
Updated / Friday, 23 Nov 2001 22:58
The Government will have to give detailed
consideration to the High Court judgement on
the inquiry into the Abbeylara incident before
it makes a decision on the future of the
Oireachtas inquiry.
Bertie Ahern said that the judges' decision has
serious implications for future inquiries but
that the matter would have to be examined by
the Government and the Attorney General.
Earlier, 36 Garda won their High Court
challenge to the Oireachtas sub-committee
inquiry into the shooting dead of John Carthy
in Abbeylara.
The 95-page judgement found that such
inquiries do not have the power to make
findings of fact or expressions of opinion
adverse to the good name or reputation of
citizens.
The hearing, before a three-judge divisional
court of the High Court, lasted 19 days. The
High Court found that the Oireachtas sub-
committee inquiring into the Abbeylara
incident was acting outside its powers in
purporting to report on and investigate the
Abbeylara incident. It did not comply with the
requirements of natural and constitutional
justice, said the report.
Alan Shatter, TD, a member of the committee,
has said that the consequences of the
judgement create a major constitutional crisis
for the Oireachtas. He says that, if an appeal is
unsuccessful, there should be a referendum on
the issue.
PJ Stone, of the Garda Representative
Association, said the judgement vindicated the
Garda who took this court action. He called for
a judicial inquiry into the Abbeylara affair, both
for his members, and the sake of the Carthy
family, he said.
John Carthy was shot dead by the Garda
Emergency Response Unit in April 2000, after
a siege at his home in Abbeylara, County
Longford.
John Carty's sister, Marie, has said the family is
disappointed with the outcome of this
morning's High Court proceedings. She said
the committee carried out excellent work and
should be complimented for their efforts. She
added that the Government should now
proceed immediately to hold a full public
sworn inquiry.
http://www.rte.ie/news/2001/1123/20866-abbeylara/

Oireachtas Inquiries
Referendum
From 2008 there were persistent calls to hold a
public inquiry into the events leading up to the
banking collapse and subsequent economic
recession. However, the Abbeylara judgment of
2001 ruled that an Oireachtas Inquiry Committee
was acting outside its powers as its findings could
adversely affect the good name of a person.
Consequently, the scope for parliamentary
inquiries was limited. In March 2011, the Fine
Gael/Labour coalition government committed to
holding a referendum to address the issues raised
by the Supreme Court Abbeylara judgment. The
terms of the referendum were announced in
September 2011 and polling day was scheduled
for 27 October 2011. Despite opinion polls
consistently indicating support for the
amendment, the amendment was narrowly
defeated. This report suggests a combination of
issues, including time constraints, lack of
information and debate, and opposition from the
legal profession, notably, eight former attorneys
general, ultimately contributed to the defeat of the
Oireachtas Inquiries referendum.

Government publishes wording of Abbeylara


referendum ...

THE GOVERNMENT HAS today published the wording of


its proposed referendum reversing the Abbeylara ruling and
giving Oireachtas committees the power to hold inquiries.
The wording of the bill officially the Thirtieth Amendment
to the Constitution Bill, 2011 was published this afternoon
by the Minister for Public Expenditure and Reform, Brendan
Howlin, who is responsible for governmental reform.
Howlin said the bill which amends Article 15.10 of the
Constitution will allow the Oireachtas to have an effective
system of inquiry, which can secure effective and cost-
efficient parliamentary scrutiny of issues of significant
public importance.
The bill is specifically intended to address the Supreme
Courts ruling in 2002 on the Abbeylara case, when it
affirmed an earlier High Court ruling that Oireachtas
inquiries did not have the power to make findings of fact or
expressions of opinion adverse to the good name or
reputation of citizens.
The Bill is set to be tabled in the Dil on Thursday, and is
due to have passed both the Dil and Seanad by Thursday
week, so that it can be put to a referendum alongside the
Presidential election next month.
Irish referendum law requires that at least 30 days notice be
given of a referendum meaning the government has until
September 27 to have the bill passed through both houses
and put forward to a public ballot.
The government also today published a draft version of a
new Houses of the Oireachtas (Powers of Inquiry) Bill,
which generally outlines the terms under which Oireachtas
committees will hold their inquiries if the referendum is
passed.
The government has sought feedback from any interested
parties on the content of the bill, and said it hopes to publish
a full version of the legislation later this autumn.
Wording of proposed amendment to the
Constitution
The existing Article 15.10 would be renumbered 15.10.1.
Three new subsections would be inserted as follows:
2 Each House shall have the power to conduct an inquiry,
or an inquiry with the other House, in a manner provided
for by law, into any matter stated by the House or Houses
concerned to be of general public importance.

3 In the course of any such inquiry the conduct of any


person (whether or not a member of either House) may be
investigated and the House or Houses concerned may make
findings in respect of the conduct of that person concerning
the matter to which the inquiry relates.
4 It shall be for the House or Houses concerned to
determine the appropriate balance between the rights of
persons and the public interest for the purposes of ensuring
an effective inquiry into any matter to which subsection 2
applies.
Draft General Scheme Judicial
Remuneration Bill 2011
Justice minister Alan Shatter has published draft legislation
which he says he will put to the Oireachtas if the referendum
is passed, allowing judges
http://www.justice.ie/en/JELR/Draft%20General%20Scheme%20of
%20Judicial%20Remuneration%20Bill.pdf/Files/Draft%20General
%20Scheme%20of%20Judicial%20Remuneration%20Bill.pdf
Childrens Referendum- ... Bill approved by Oireachtas in advance of
referendum which was held on Saturday 10th November, 2012
http://dcya.gov.ie/documents/aboutus/about_us_ga_240908/DCYA_A
nnual_Report_2012.pdf
Judges' Remuneration and Oireachtas Inquiries
Referendum on the Oireachtas Inquiries) Bill 2011
http://www.refcom.ie/en/Past-Referendums/Judges'-Remuneration-
and-Houses-of-the-Oireachtas-Inquiries-2011/Report/Report-on-the-
referendums-on-Judges'-Remuneration-and-on-Oireachtas-Inquiries-
2011.pdf
Irish Citizenship - The Referendum
Commission
Judges' Remuneration and Houses of the Oireachtas
Inquiries 2011
http://www.refcom.ie/en/past-referendums/irish-
citizenship/report-on-the-referendum-on-irish-
citizenship.pdf

Constitution and Powers


Article 15[edit]
The National Parliament shall be called and known, and is
in this Constitution generally referred to, as the
Oireachtas.
The Oireachtas shall consist of the President and two
Houses, viz.: a House of Representatives to be called Dil
ireann and a Senate to be called Seanad ireann.
The Houses of the Oireachtas shall sit in or near the City of
Dublin or in such other place as they may from time to
time determine.
The sole and exclusive power of making laws for the State
is hereby vested in the Oireachtas: no other legislative
authority has power to make laws for the State.
Provision may however be made by law for the creation or
recognition of subordinate legislatures and for the powers
and functions of these legislatures.
The Oireachtas may provide for the establishment or
recognition of functional or vocational councils
representing branches of the social and economic life of
the people.
A law establishing or recognising any such council shall
determine its rights, powers and duties, and its relation to
the Oireachtas and to the Government.
The Oireachtas shall not enact any law which is in any
respect repugnant to this Constitution or any provision
thereof.
Every law enacted by the Oireachtas which is in any
respect repugnant to this Constitution or to any provision
thereof, shall, but to the extent only of such repugnancy,
be invalid.
The Oireachtas shall not declare acts to be infringements
of the law which were not so at the date of their
commission.
The Oireachtas shall not enact any law providing for the
imposition of the death penalty.[7]
The right to raise and maintain military or armed forces is
vested exclusively in the Oireachtas.
No military or armed force, other than a military or armed
force raised and maintained by the Oireachtas, shall be
raised or maintained for any purpose whatsoever.
The Oireachtas shall hold at least one session every year.
Sittings of each House of the Oireachtas shall be public.
In cases of special emergency, however, either House may
hold a private sitting with the assent of two-thirds of the
members present.
Each House of the Oireachtas shall elect from its members
its own Chairman and Deputy Chairman, and shall
prescribe their powers and duties.
The remuneration of the Chairman and Deputy Chairman
of each House shall be determined by law.
Each House shall make its own rules and standing orders,
with power to attach penalties for their infringement, and
shall have power to ensure freedom of debate, to protect
its official documents and the private papers of its
members, and to protect itself and its members against
any person or persons interfering with, molesting or
attempting to corrupt its members in the exercise of their
duties.
All questions in each House shall, save as otherwise
provided by this Constitution, be determined by a majority
of the votes of the members present and voting other than
the Chairman or presiding member.
The Chairman or presiding member shall have and
exercise a casting vote in the case of an equality of votes.
The number of members necessary to constitute a
meeting of either House for the exercise of its powers shall
be determined by its standing orders.
All official reports and publications of the Oireachtas or of
either House thereof and utterances made in either House
wherever published shall be privileged.
The members of each House of the Oireachtas shall,
except in case of treason as defined in this Constitution,
felony or breach of the peace, be privileged from arrest in
going to and returning from, and while within the precincts
of, either House, and shall not, in respect of any utterance
in either House, be amenable to any court or any authority
other than the House itself.
No person may be at the same time a member of both
Houses of the Oireachtas, and, if any person who is
already a member of either House becomes a member of
the other House, he shall forthwith be deemed to have
vacated his first seat.
The Oireachtas may make provision by law for the
payment of allowances to the members of each House
thereof in respect of their duties as public representatives
and for the grant to them of free travelling and such other
facilities (if any) in connection with those duties as the
Oireachtas may determine.
Dil ireann[edit]
Article 16[edit]
Every citizen without distinction of sex who has reached
the age of twenty-one years, and who is not placed under
disability or incapacity by this Constitution or by law, shall
be eligible for membership of Dil ireann.
Every citizen without distinction of sex who has reached
the age of[8] twenty-one years[9] eighteen years[10] who
is not disqualified by law and complies with the provisions
of the law relating to the election of members of Dil
ireann, shall have the right to vote at an election for
members of Dil ireann.[8]
All citizens, and
such other persons in the State as may be determined by
law,
without distinction of sex who have reached the age of
eighteen years who are not disqualified by law and comply
with the provisions of the law relating to the election of
members of Dil ireann, shall have the right to vote at an
election for members of Dil ireann.[11]

No law shall be enacted placing any citizen under


disability or incapacity for membership of Dil ireann on
the ground of sex or disqualifying any citizen or other
person[11] or other person from voting at an election for
members of Dil ireann on that ground.
No voter may exercise more than one vote at an election
for Dil ireann, and the voting shall be by secret ballot.
Dil ireann shall be composed of members who represent
constituencies determined by law.
The number of members shall from time to time be fixed
by law, but the total number of members of Dil ireann
shall not be fixed at less than one member for each thirty
thousand of the population, or at more than one member
for each twenty thousand of the population.
The ratio between the number of members to be elected
at any time for each constituency and the population of
each constituency, as ascertained at the last preceding
census, shall, so far as it is practicable, be the same
throughout the country.
The Oireachtas shall revise the constituencies at least
once in every twelve years, with due regard to changes in
distribution of the population, but any alterations in the
constituencies shall not take effect during the life of Dil
ireann sitting when such revision is made.
The members shall be elected on the system of
proportional representation by means of the single
transferable vote.
No law shall be enacted whereby the number of members
to be returned for any constituency shall be less than
three.
Dil ireann shall be summoned and dissolved as provided
by section 2 of Article 13 of this Constitution.
A general election for members of Dil ireann shall take
place not later than thirty days after a dissolution of Dil
ireann.
Polling at every general election for Dil ireann shall as
far as practicable take place on the same day throughout
the country.
Dil ireann shall meet within thirty days from that polling
day.

The same Dil ireann shall not continue for a longer


period than seven years from the date of its first meeting:
a shorter period may be fixed by law.
Provision shall be made by law to enable the member of
Dil ireann who is the Chairman immediately before a
dissolution of Dil ireann to be deemed without any
actual election to be elected a member of Dil ireann at
the ensuing general election.
Subject to the foregoing provisions of this Article, elections
for membership of Dil ireann, including the filling of
casual vacancies, shall be regulated in accordance with
law.
Article 17[edit]
As soon as possible after the presentation to Dil ireann
under Article 28 of this Constitution of the Estimates of
receipts and the Estimates of expenditure of the State for
any financial year, Dil ireann shall consider such
Estimates.
Save in so far as may be provided by specific enactment in
each case, the legislation required to give effect to the
Financial Resolutions of each year shall be enacted within
that year.

Dil ireann shall not pass any vote or resolution, and no


law shall be enacted, for the appropriation of revenue or
other public moneys unless the purpose of the
appropriation shall have been recommended to Dil
ireann by a message from the Government signed by the
Taoiseach.
Seanad ireann[edit]
Article 18[edit]
Seanad ireann shall be composed of sixty members, of
whom eleven shall be nominated members and forty-nine
shall be elected members.
A person to be eligible for membership of Seanad ireann
must be eligible to become a member of Dil ireann.
The nominated members of Seanad ireann shall be
nominated, with their prior consent,[5] by the Taoiseach
with their prior consent[12] who is appointed next after
the re-assembly of Dil Eireann following the dissolution
thereof which occasions the nomination of the said
members[5].
The elected members of Seanad ireann shall be elected
as follows:
Three shall be elected by the National University of
Ireland.
Three shall be elected by the University of Dublin.
Forty-three shall be elected from panels of candidates
constituted as hereinafter provided.
Provision may be made by law for the election, on a
franchise and in the manner to be provided by law, by one
or more of the following institutions, namely:
the universities mentioned in subsection 1 of this
section,
any other institutions of higher education in the State,
of so many members of Seanad ireann as may be fixed
by law in substitution for an equal number of the members
to be elected pursuant to paragraphs i and ii of the said
subsection 1.
A member or members of Seanad ireann may be elected
under this subsection by institutions grouped together or
by a single institution.[13]

Nothing in this Article shall be invoked to prohibit the


dissolution by law of a university mentioned in subsection
1 of this section.[13]
Every election of the elected members of Seanad ireann
shall be held on the system of proportional representation
by means of the single transferable vote, and by secret
postal ballot.
The members of Seanad ireann to be elected by the
Universities shall be elected on a franchise and in the
manner to be provided by law.
Before each general election of the members of Seanad
ireann to be elected from panels of candidates, five
panels of candidates shall be formed in the manner
provided by law containing respectively the names of
persons having knowledge and practical experience of the
following interests and services, namely:
i National Language and Culture, Literature, Art, Education
and such professional interests as may be defined by law
for the purpose of this panel;
ii Agriculture and allied interests, and Fisheries;
iii Labour, whether organised or unorganised;
iv Industry and Commerce, including banking, finance,
accountancy, engineering and architecture;
v Public Administration and social services, including
voluntary social activities.
Not more than eleven and, subject to the provisions of
Article 19 hereof, not less than five members of Seanad
ireann shall be elected from any one panel.
A general election for Seanad ireann shall take place not
later than ninety days after a dissolution of Dil ireann,
and the first meeting of Seanad ireann after the general
election shall take place on a day to be fixed by the
President on the advice of the Taoiseach.
Every member of Seanad ireann shall, unless he dies,
resigns, or becomes disqualified, continue to hold office
until the day before the polling day of the general election
for Seanad ireann next held after his election or
nomination.
Subject to the foregoing provisions of this Article elections
of the elected members of Seanad ireann shall be
regulated by law.
Casual vacancies in the number of the nominated
members of Seanad ireann shall be filled by nomination
by the Taoiseach with the prior consent of persons so
nominated.
Casual vacancies in the number of the elected members of
Seanad ireann shall be filled in the manner provided by
law.
Article 19[edit]
Provision may be made by law for the direct election by
any functional or vocational group or association or
council of so many members of Seanad ireann as may be
fixed by such law in substitution for an equal number of
the members to be elected from the corresponding panels
of candidates constituted under Article 18 of this
Constitution.
http://www.thejournal.ie/government-publishes-wording-of-
abbeylara-referendum-224400-Sep2011/

The referendum was lost because we didn't want our useless and
corrupt politicians interfering with the justice system, it blurred the
lines between the judicial system and the legislative system and you
can blame the politicians for the referendum's failure.

Personally I am far more concerned about Phil Hogan decision to


shut down all the enquiries into local government corruption as soon
as he entered government. The fact that FG and Labour have been
involved in running many of these councils and the recent
revelations about Reilly, Mitchell etc. suggests a huge cover up.
Ibis excellently summed up the major problems with Brendan
Howlin's wording (as opposed to the similar wording originally
recommended by the Oireachtas committee). If Howlin had
simply gone with the original recommendation (perhaps the
75%+ opinion polls made him overly confident and decide to
go for the court-free version) the amendment would easily
have sailed through.

But this whole form of public inquiry is probably being


somewhat oversold. Came across an interesting talk by Eoin
O'Malley on parliamentary inquiries (political scientist in DCU)
around the time of the referendum. One of his arguments was
that parliamentary inquiry mechanisms in most European
countries are government-controlled. Initiating an inquiry or
setting its terms of reference requires a parliamentary
majority. And guess what? Such public inquiries almost never
ask hard questions of sitting governments (with a few rare
exceptions where perhaps there's a minority government). So
parliamentary inquiries aren't really an avenue by which a
parliament can extract much accountability from a
government. But exceptions to this rule occur in countries
where something other than a majority of MPs can trigger an
inquiry. There are several countries where a parliamentary
minority can trigger an inquiry and set its terms of reference
(Germany is the most notable example of this where a quarter
of Bundestag MPs has this power but there are some others
which usually require a third of MPs). Or inquiries are effective
in Australia where a directly-elected (and quite powerful)
Senate can initiate public inquiries in its own right. For
inquiries that can be triggered by parliamentary minorities,
there seem to be two main models. Sometimes there's a
requirement that half of the committee of inquiry consists of
opposition MPs. In the German case, the rights of the minority
(proportionally represented on the committee) are protected
(and the constitutional court has stood over these). The
minority on the committee can compel witnesses in its own
right. It has rights as to how the inquiry is conducted and its
(perhaps dissenting) conclusions have also to be included in
the final report.

In some senses the German provision (article 44) would be


court-free. The final report and decisions of the inquiry are
immune from court challenge (it can basically say anything).
But the German mechanism makes a very good contrast with
our own recent attempt.

German inquiries have to be held in public unless a 2/3


majority decides otherwise (rather like Dil ireann public
sittings are the default, same with our courts). The failed OI
amendment didn't address this issue, which was unsatisfactory
for the sweeping powers it conferred.

The German article says: "The rules of criminal procedure shall


apply mutatis mutandis to the taking of evidence. The privacy
of correspondence, posts and telecommunications shall not be
affected. "
So surveillance and interception of communications is ruled
out. Search warrants and taking of evidence have to conform
to the same standards as criminal cases, i.e. a judge has to be
satisfied they are warranted in the public interest. It wasn't at
all clear from the OI amendment whether such protections
could be set aside. Or the power to go after journalistic
sources was another matter not dealt with.

The German mechanism is well integrated with their court


system (much easier, admittedly, in most Continental legal
systems). The UK, without a written constitution, wouldn't
have much of a problem either handing over a matter from an
inquiry to the police. But an inquiry here could so easily wreck
a potential court case (a TD would so easily blurt out the
wrong thing, the potential even exists for this to be done
deliberately). Perhaps a constitutional provision could
immunize the legal system from such events? Maybe an OI
amendment could state OI findings wouldn't/couldn't
compromise a legal case? I'm not a lawyer. But this was yet
another issue the OI amendment didn't deal with.

There are perhaps arguments in favour of immunizing certain


aspects of the inquiry process from the courts, but any such
exclusions should be very carefully delimited, which the OI
amendment didn't do at all. And, if we are really serious about
making the government more accountable to the Dil, then a
provision to allow a Dil minority to initiate an inquiry should
be included. An expert (must try to dig up the link and the
name) actually argued to the Oireachtas committee, which
drew up the first wording and of which Brendan Howlin was a
member, that it would be a good idea to simply adapt and use
the German provision.
In the recent treaty referendum over half of those who voted NO did
so on the basis of "anti-Government" and a "Distrust of politicians
(the yes ones presumably)

Rationality didn't come into it


Wrong! Majority of people voted NO! Because the political class
themselves are not accountable to anybody... also the fact
most people believe there are serious conflicts of interest
between the political class and the banking sector.... I also ask
you to read the full article...

Quote "Irish political class's direct experience of the European


parliament, where committees wield real clout and would
never accept outside interferenc, Oireachtas members show no
sign of asserting their independence and standing up for
themselves.

One wonders if their SUBSERVIENCE is so ingrained that they


are unaware of it?."

Quote " If the U.S. supreme court ever attempted to curb the
powers of congress as it's Irish counterpart did in the
Abbeylara case, there would be a full blown constutitional
crisis."
RTE debate, and appears never to have read the cases on the
manner in which the right to judicial review was restricted in
relation to immigration and asylum matters.
Moreover, what Article 34.4.1 actually says is: "The Court of
final appeal shall be called the Supreme Court".

http://www.taoiseach.gov.ie/eng/Yout...March_2012.pdf
before the referendum date. My dad's die-hard FG and he
voted against the referendum because he saw clearly how it
could be abused. God know's my dad's no bleeding heart lefty
civil-libertarian and he could see the huge potential for abuse.
Polls Confirm 14% Fall in Support for Oireachtas
Referendum
V 23-10-2011
V Categorized in: Justice

Sunday 23 October 2011


Breaking News ---- REACTION TO SUNDAY TIMES AND SUNDAY
INDEPENDENT REFERENDUM POLLS
Polls Confirm 14% Fall in Support for Oireachtas Referendum
Polls in two leading Sunday newspapers confirm that support for the
Government's Oireachtas referendum proposals fell by 14% in just two
days last week.
The sharp decline in support for the 30th amendment to the Constitution
coincided with the launch last Friday of the official campaign for a NO vote
by the Irish Council for Civil Liberties (ICCL) Association.

Figures in the Sunday Independent / Quantum Research poll taken after


the NO campaign launch show 14% less support for the Government's
proposals than the Sunday Times Behaviour & Attitudes Poll carried out
between Sunday and Tuesday last week.
ICCL Director Mr Mark Kelly said:
The Government's referendum wording was published only a week before
polling day. Two different newspaper polls today demonstrate a sharp
decline of 14% in support for the Governments proposals on the launch
day of the NO campaign.
We are confident that, as more people read their Referendum
Commission booklet and think through the implications of this power grab
by the Oireachtas, support for the Governments proposals will continue to
plummet. To those whose lives are too busy to allow them to reflect on
major Constitutional reform in less than a week, our message is simple: if
in doubt, vote NO Mr Kelly added.
For further information, see the note below, and/or contact:

Walter Jayawardene
Communications Manager
Irish Council for Civil Liberties
9-13 Blackhall Place
Dublin 7
Ireland

Tel. + 353 1 799 4503


Mob: +353 87 9981574
walter.jayawardene@iccl.ie
NOTES TO JOURNALISTS:

The Sunday Independent/Quantum poll was published today on page 5 of


the Sunday Independent and is available at
http://www.independent.ie/national-news/polls-predict-the-yes-votes-
have-it-2914388.html

The Sunday Times Behaviour & Attitudes Poll is on page 2 of todays


Sunday Times - reported on RTE's website HERE.

The ICCL Associations Vote No to the 30th Amendment leaflet is available


online HERE and via the campaign website www.kangaroocourts.net

A photo launch of No to the 30th Amendment Campaign mobile billboard


roadshow and poster campaign will be held on Dublins Kildare street at
12.30, Monday 24 October 2011:

V Tee shirt-wearing campaign volunteers including two life-sized


Kangaroos will be handing out leaflets warning of danger of Kangaroo
courts if referendum is passed
V Backdrop will be the newly-launched mobile billboard trucks
emblazoned with the call to "Vote NO to Kangaroo Courts"
The No to the 30th Amendment Campaign was launched at The Westbury
Hotel, Grafton Street, Dublin 2 at 12.30pm on Friday 21 October 2011.
The campaign is being spearheaded by the Irish Council for Civil Liberties
(ICCL) Association.
Speakers at the press conference represented a spectrum of political,
academic and civil society opinion. They were:
Mark Kelly, International human rights lawyer and Director of the
Irish Council for Civil Liberties
Catherine Murphy TD. Catherine Murphy is an independent TD
for Kildare North, Technical Group, Dil ireann.
Senator Rnn Mullen. Senator Mullen has been an independent
Senator for the National University of Ireland since 2007.
Mary ORourke. Mary ORourke served as Minister for Education
(198791), Minister for Health (199192), Minister for Public Enterprise
(19972002), and served as the chair of the Oireachtas joint committee
on the constitutional amendment on children. She was also a member of
Seanad ireann from 200207.
Professor Gerry Whyte. Gerard Whyte is an Associate Professor
of Law in Trinity College Dublin He has published extensively in the areas
of public interest law, constitutional law, social welfare law and labour law.
He is also active in a number of social justice and legal aid organisations.
Oisn Quinn SC. Oisn Quinn is a Senior Counsel
Donncha OConnell. Donncha OConnell is a member of faculty at
NUI Galways College of Business, Public Policy & Law. He was called to
the Irish Bar in 1992 and joined the Faculty of Law at NUI Galway (then
UCG) in 1993 having completed an LL.M at the University of Edinburgh.
From 1999 to 2002, he was the first full-time Director of the Irish Council
for Civil Liberties.
The 30th Amendment to the Constitution What is it about?

On Thursday 27 October 2011 (the day of the Presidential election) people


will be asked to vote in two referenda amending the Constitution.

In addition to a referendum is on reducing judicial pay in certain


circumstances, there will also be a vote on the expansion of the powers of
the Oireachtas to conduct inquiries into matters of general public
importance the 30th Amendment to the Consititution.

The Government has also published the General Scheme of the Houses of
the Oireachtas (Powers of Inquiry) Bill 2011 (available at this link:
http://per.gov.ie/wp-content/uploads/Draft-Heads-Houses-of-the-
Oireachtas-_Powers-of-Inquiry_-Bill-20116.pdf), which gives an indication
of the shape of the legislation likely to be enacted in the event that the
latter amendment is passed.

The referendum on the 30th Amendment to the Consititution raises a


number of issues of concern for the NO campaign.

V At present, Article 15.10 of the Constitution states:

Each House shall make its own rules and standing orders, with power to
attach penalties for their infringement, and shall have power to ensure
freedom of debate, to protect its official documents and the private papers
of its members, and to protect itself and its members against any person
or persons interfering with, molesting or attempting to corrupt its
members in the exercise of their duties.

It is proposed to renumber this as 15.10.1 and to insert the following


subsections:

2 Each House shall have the power to conduct an inquiry, or an inquiry


with the other House, in a manner provided for by law, into any matter
stated by the House or Houses concerned to be of general public
importance.

3 In the course of any such inquiry the conduct of any person (whether
or not a member of either House) may be investigated and the House or
Houses concerned may make findings in respect of the conduct of that
person concerning the matter to which the inquiry relates.

4 It shall be for the House or Houses concerned to determine, with due


regard to the principles of fair procedures, the appropriate balance
between the rights of persons and the public interest for the purposes of
ensuring an effective inquiry into any matter to which subsection 2
applies.

From a rule-of-law perspective, the concerns of the NO campaign


include:-

The power to make findings in respect of the conduct of a person (section


3) potentially conflicts with the existing Constitutional right to a
good name (Article 40.3). The examples given by the (neutral)
Referendum Commission include findings that a person had, for example,
behaved in a corrupt manner or been responsible for the killing of another
person (see: http://www.referendum2011.ie/your-decision/referendum-
on-inquiries-by-the-oireachtas/finding-which-affects-a-persons-good-
name);

The extent to which fair procedures should apply when striking


an appropriate balance between the rights of persons and the
public interest shall be a matter solely for the Houses of the
Oireachtas to determine. The Referendum Commission has indicated
that It is not possible to state definitively what role, if any, the courts
would have in reviewing the procedures adopted by the Houses (see:
http://www.referendum2011.ie/your-decision/referendum-on-inquiries-
by-the-oireachtas/balance-of-rights-and-fair-procedures).

In other words, it is possible that the good name of a person could


be tarnished by an Oireachtas Committee through procedures that
fail to protect their rights, and that the inquiry process would not
be open to challenge in the Courts.

Information on the general nature of these proposals has been available


for around a month; however, the General Scheme of the Bill was only
published on 6 October 2011 and the Referendum Commission
guide on the two referenda was published one week ago, on 11
October 2011. It is inappropriate for such a potentially far-
reaching amendment to be rushed through the Oireachtas and put
before the people without mature consideration and adequate
debate.

What about the other referendum on Judges Pay?

The Irish Council for Civil Liberties Association is not campaigning on the
29th amendment to the Constitution (on the reduction in judges pay). The
ICCL believes that this referendum is unnecessary and that a
proportionate reduction in judges pay, in line with that already applied to
other senior public servants, could have been achieved without seeking to
amend the current wording of Article 35.5 of the Constitution.

Judges' Remuneration and Oireachtas


Inquiries 2011
Referendum on the Twenty-Ninth Amendment of
the Constitution
(Judges' Remuneration ) Bill 2011
A referendum on a proposal to amend the Constitution in relation to
whether the pay of judges can be reduced in certain circumstances was
held on 27 October 2011.
The proposed change to the Constitution would allow for a law to be
passed reducing the pay of judges proportionately if the pay of public
servants is being or has been reduced and that reduction is stated to be "in
the public interest".
The proposal would also allow for a law to be passed making judges
subject to the "Public Service Pension Levy" and to any other future similar
charge or charges.
The proposal was approved by the people. For further information about
the votes cast, see -
http://www.environ.ie/en/LocalGovernment/Voting/Referenda/PublicationsD
ocuments/FileDownLoad,1894,en.pdf

http://www.iccl.ie/news/2011/10/23/-polls-confirm-14-fall-in-support-for-
oireachtas-referendum.html

Referendum on the Thirtieth Amendment of the


Constitution
(Houses of the Oireachtas Inquiries) Bill 2011
A referendum on a proposal to amend the Constitution to give the Houses
of the Oireachtas express power to conduct inquiries into matters of
general public importance and, in doing so, to make findings of fact about
any person's conduct, was held on 27 October 2011.
The proposed change to the Constitution would mean that:
The Dil and the Seanad, either separately or together, would have the
power to conduct an inquiry into any matter that either or both considered
to be a matter of general public importance. Legislation would be required
to be introduced to set out the details of how such inquiries would take
place.
When conducting any such inquiry, either or both Houses would have the
power to inquire into the conduct of any person and the power to make
relevant findings about that person's conduct.
The Dil and/or the Seanad would have the power to determine the
appropriate balance between the rights of people involved in any such
inquiry and the requirements of the public interest. When doing so, they
would be obliged to have regard for the principles of fair procedures. These
principles have been established by the Constitution and by the Courts.
At the end of an article dealing largely with the dispiriting response
to the Public Accounts Committee (PAC) report on the banking
collapse, Dan O'Brien sharply criticises those who engineered a "no"
in last year's Oireachtas Inquiry referendum. Thanks to their activity,
the referendum was voted down and this "all but ensures that
knowledge of the banking collapse will never advance much beyond
what is known already".

So, the next time you see someone here giving out about the lack of
accountability re the bank guarantee etc. or indeed the cost of
tribunals, check the Oireachtas Inquiry forum to see what attitude
they took to last year's referendum. Anyone who urged a "no" vote
and has a problem with the pace of inquiries should be dismissed
and laughed off these boards for the fools they are.

Banking collapse likely to remain a mystery - The Irish Times - Fri, Jul
13, 2012
My God you are thick.

First, the Commission of Inquiry Act 2004 should cover all the
requirements to carry out investigations. It stops short at
attaching adverse personal findings, which is the job of the
Courts.

Second, our Separation of Powers is imperfect at best.


However, that does not mean that we should go the whole hog
and vest quasi-judicial powers in the fused Executive-
Legislature. The Legislature can make itself useful in other
ways, and it does not need to take power from the Judiciary to
gain relevant.
Third, the referendum was ultimately supported by Labour,
Fine Gael and the Shinners. In fact two of thos who
spearheaded the farce were criticised as part of the Abbeylara
Judgement10% of Fianna Fail's Dail representation, the ULA, a
plethora of independent TD's (Ross, Donnolly), the Irish
Council for Civil Liberties, 8 ex-Attorney's Generals, the
majority of legal academics (Estelle Feldman, Gerry Whyte),
and journalists like McDonnell and Browne opposed the
referendum. The Independent Referendum Commission also
pointed to how flawed the wording was, and how it was liable
to ensure the insertion of subjective terminology into the
Consitution.

Fourth, the amendment was insufficient insofar as it clearly


stated that procedure was to be determined by the
Committee, and it was completely silent as to recourse to the
Courts.
Proposed Amendment of Article 15 of the Constitution

The Houses of the Oireachtas shall have the power to inquire into
any matter of general public importance.

In the course of such inquiry the Houses may investigate any


individual and make findings in relation to their conduct.

The conduct of such inquiries shall be regulated by law. Such law


shall balance the rights of the individual with the public interest in
the effective investigation of matters of general public importance.
http://www.oireachtas.ie/documents/c...fth_Report.pdf

This was what was proposed by the government:

2 Each House shall have the power to conduct an inquiry, or an


inquiry with the other House, in a manner provided for by law, into
any matter stated by the House or Houses concerned to be of
general public importance.

3 In the course of any such inquiry the conduct of any person


(whether or not a member of either House) may be investigated and
the House or Houses concerned may make findings in respect of the
conduct of that person concerning the matter to which the inquiry
relates.

4 It shall be for the House or Houses concerned to determine, with


due regard to the principles of fair procedures, the appropriate
balance between the rights of persons and the public interest for the
purposes of ensuring an effective inquiry into any matter to which
subsection 2 applies.
The first version offers two defences to those being
investigated - first, that the matter being investigated is not of
"general public importance", and second, that their rights are
not being adequately respected. In both cases those being
investigated have recourse to the law.

In the second version, both those defences are stripped away -


the Oireachtas decides what is to be considered of general
public importance, with no recourse. And the Oireachtas
decides what balance of rights is available to those being
investigated.

Those are virtually unfettered powers, with only self-regulation


by the Oireachtas offered as a protection to the individual in
front of such an inquiry. And those powers will be, in essence,
handed to the government of the day, because the
government commands whipped majorities in both Houses.
This is, therefore, a tool in the hands of the government, not
the Oireachtas, despite the title.

The amendment as proposed does not "bring Ireland into line


with other European democracies" - the unfettered nature of
the powers handed to the government go beyond what is
available elsewhere, and that they are being handed to the
government by virtue of other constitutional weaknesses in the
Irish system makes a mockery of any comparison to other
systems of parliamentary inquiry, whose main benefit and
often purpose is the capacity to hold the government itself to
account.

This proposal looks on the face of it to be equivalent to other


countries' parliamentary inquiry system, but those are tools of
their democratically elected chambers, not of their executives.
Finally, the questions were posed; should every TD be made a
quasi-judge? Should TD's be vested with a power which could
be misused in a manner which would maximise political cudos.
Should TD's who may have made prejudicial statements in
relation to individuals or classes of individual (especially Banks
and Bankers) be entitled to impose on them an adverse
finding? Why should Judicial Power be ceded to appease TD's
whose role is almost redundant? The amendment was flawed,
dangerous, and raised far too many questions. It was faced
down by credible and forensic scrutiny, and was subject to
some of the most constructive criticism ever seen in
referendum history (i.e. John Rogers's alternative wording
proposal which he illustrated on Drivetime). When the tables
turned Shatter, Howlin, and Rabbitte decided to make it about
the Legal Profession, and income generation, as opposed to
dealing with the substantive issue of the text of the
referendum. They also drew a false analogy with the Murdoch
inquiry, which was in no way comparable to the proposal at
hand. Ultimately, the proposal failed for multiple reasons, but
the No campaign should not be "blamed" for anything.

Proposed Referendum to amend the Constitution to enable the


Houses of the Oireachtas to undertake full inquiries & Overview of
the Proposed System of Oireachtas Inquiry
http://cdn.thejournal.ie/media/2011/09/20110912referendumnote.pd
f
HOUSES OF THE OIREACHTAS (POWERS OF INQUIRY) BILL 2011
http://cdn.thejournal.ie/media/2011/09/20110912headsofbill.pdf
30th amendment - University College Dublin
documents and the private papers of its members, ... The
referendum will allow the Oireachtas ... It cannot be
assumed that Oireachtas inquiries will be cheaper than .
http://www.ucd.ie/t4cms/Guide_to_the_30th_amendment.pdf
The Israeli Referendum: A Politico-legal
Assessment of ...
an example of representative democracy
with authoritative ... and the Irish divorce
referendum in ... The courts thus rejected
a challenge
http://www.iandrinstitute.org/docs/Qvortrup-
The-Israeli-Referendum-IRI.pdf
a Fail
Katherine Zappone's Statement on Maurice McCabe
BREAKING: Children's Minister Katherine Zappone said she
has not considered resigning over the Maurice McCabe-
Tusla revelations.
Speaking for the first time publicly today since the scandal
broke, she said that she spoke to Taoiseach Enda Kenny
about her meeting with Maurice McCabe regarding Tusla,
but did not go into detail about the allegations
themselves: http://jrnl.ie/3237811f
Taylor also made a protected disclosure last year alleging
he took part in black propaganda after being ordered to
discredit McCabe.
In it he alleged that he was instructed or directed by
Callinan and/or Nirn OSullivan (who was Deputy
Commissioner at the time) to maliciously brief the media
about Sergeant Maurice McCabe and encourage them to
write negative stories about him.

Former head of the Garda Press Office cleared of


leaking sensitive information to the media
I have waited a long time for this decision to be made. It has been
an incredibly stressful and difficult time for my family and myself.
THEJOURNAL.IE|BY CLIODHNA RUSSELL

Former head of the Garda


Press Office cleared of leaking
sensitive information to the
media
I have waited a long time for this decision to be made. It has been an
incredibly stressful and difficult time for my family and myself.
February 13, 17

THE FORMER HEAD of the Garda Press Office has been


cleared by the DPP of leaking sensitive information to the
media.
Superintendent David Taylor was arrested on suspicion of
leaking information to journalists about two Roma children
being removed from their families in May 2013.
He was questioned and then suspended for the past 22
months.
In a statement David Taylor said, After almost two years
under formal Garda investigation I have been informed
today that a decision has been made not to prosecute me. I
await a copy of the Director of Public Prosecutions letter.
I have waited a long time for this decision to be made. It has
been an incredibly stressful and difficult time for my family
and myself.

I would like to thank my friends and colleagues who


supported me throughout this time.
I have now been vindicated and I will shortly be resuming
that part of my life which has been put on hold since the
start of this process.
Its expected that Taylor will be asked to return to the force
following todays development.
Taylor also made a protected disclosure last year alleging he
took part in black propaganda after being ordered to
discredit McCabe.
In it he alleged that he was instructed or directed by
Callinan and/or Nirn OSullivan (who was Deputy
Commissioner at the time) to maliciously brief the media
about Sergeant Maurice McCabe and encourage them to
write negative stories about him.
Supreme Court Justice Peter Charleton will investigate the
allegations, and what former Commissioner Martin Callinan
and Noirn OSullivan knew about them, in a commission of
investigation.
The Commission will examine all mobile phone records
from David Taylor, Martin Callinan and Noirn OSullivan
between 1 July 2012 and 31 May 2014 to look for any records
relating to the allegations. It will also examine all electronic
and paper files relating to Maurice McCabe held by An
Garda Sochna.

http://www.thejournal.ie/david-taylor-dpp-
3237828-Feb2017/

McCabes release new statement calling


for full public inquiry
Whistleblower Maurice McCabe has said he is opposed to
any inquiry into an alleged smear campaign against him
being held in private.
Monday, February 13, 2017
The statement by the McCabes puts into doubt the
Charleton Inquiry announced by the Government last
week, with the McCabes now calling for a full public
inquiry.

"Today, we have heard one Minister, Simon Harris, state


that we are entitled to "truth and justice".

"We wish to make it clear that we are definitely not


agreeable to that entitlement being wholly postponed so
that another Commission of Inquiry can conduct a secret
investigation behind closed doors and make a report, into
which we have no input as of right, in nine or eighteen
months' time.

"We are entitled to the truth today- justice can follow in its
wake," the statement said.

Read the full statement by Maurice and Lorraine


McCabe released Monday February 13, 2017

We have endured eight years of great suffering, private


nightmare, public defamation, and state vilification arising
solely out from the determination of Maurice to ensure
that the Garda Siochana adheres to decent and
appropriate standards of policing in its dealings with the
Irish people.

Our personal lives and our family life, and the lives of our
five children, have been systematically attacked in a
number of ways by agencies of the Irish state and by
people working for the state in those agencies.

These events have, one way or another, given rise to a


long series of state investigations, ranging from internal
Garda investigations (disciplinary and administrative), the
Fennelly Commission, the O'Higgins Commission, several
GCOC investigations (some of them targeted indirectly at
Maurice), and investigations within HSE and Tusla (some
of them targeted at both of us and some of them
concerning what those agencies have done to us) and the
reports of Sean Guerin SC and former Judge larfhlaith
O'Neill. All of these have taken place in private.

We have also been the subject of a long and sustained


campaign to destroy our characters in the eyes of the
public, and public representatives and in the eyes of the
media.

Today, we have heard one Minister, Simon Harris, state


that we are entitled to "truth and justice".
We wish to make it clear that we are definitely not
agreeable to that entitlement being wholly postponed so
that another Commission of Inquiry can conduct a secret
investigation behind closed doors and make a report, into
which we have no input as of right, in nine or eighteen
months' time.
We are entitled to the truth today- justice can follow in its
wake.

The Need For A Public Inquiry


Our experience of the O'Higgins Commission of
Investigation is too fresh in our minds to allow for a
repetition. Although that Commission investigated a
number of serious instances of malpractice in the policing
function in Bailieboro and upheld Maurice's complaints in
respect of all of them, the public has never been made
aware that, throughout the proceedings before that
Commission, Maurice, at the hands of the legal team
representing the current Commissioner, was cast in the
role of culprit and/or defendant, and as a person making
those complaints in bad faith and without cause.
When challenged in that respect, that legal team sought
and obtained confirmation from the present Commissioner
that they did so on her personal instructions.

Because the 2004 Act prohibits under pain of criminal law


the publication of the actual evidence tendered to such
Commissions, the public has little or no appreciation of
what was done, and attempted to be done, to Maurice in
the course of its hearings.

For example, against the background of the current Tusla


controversy, the entirely false allegation made of sexual
abuse in 2006 against Maurice was repeatedly the subject
of attempts at introduction in the proceedings for the
purpose of discrediting his motives and testimony.

The entire transcript of that Commission (to which we still


have access) is also in the possession of the Minister for
Justice and Equality and the foregoing comments can
easily be verified by inspecting same.

For these reasons, we have consistently submitted that


any further inquiry into these matters must be a public
inquiry.

Now that the truth has emerged of the false and shocking
campaign to vilify us and discredit us, there is no reason
to have any secret or private inquiry under the 2004 Act.

The Truth Now:

August 2013
We are now aware from the Tusla file that when the latest
version of the false accusation of sexual abuse, now
including an accusation of a rape offence, was made in
2013, the HSE wrote to Supt. Noel Cunningham, who had
investigated the false claim in 2006, at Monaghan Garda
station on 15th August 2013, seeking a meeting to discuss
the matter "prior to making any contact with the alleged
perpetrator''.
We are entitled to know now whether any such meeting or
discussion took place. If it did, the falsity of the rape
offence allegation would have been immediately apparent
to Supt. Cunningham and the claimed "error" would have
been discovered immediately. Some record of any such
meeting or phone discussion and some record of that
discussion, if it occurred, must exist.

May 2014
We are also aware from the Tusla file that the HSE
counsellor who had filed the false accusation of a rape
offence the previous August had been "made aware" by a
third party of the erroneous claim of a rape offence, and
had been contacted in a number of telephone calls by an
un-named person who informed her that the
Superintendent at.Bailieboro had still not been informed of
the error and had been requested to meet and discuss the
case with the Garda Commissioner, who was by this time
Commissioner O'Sullivan. These calls can only have been
made by someone in An Garda Siochana with considerable
knowledge of the force's treatment of the rape offence
allegation.
A solicitor has now informed the Sunday Times that his
client was contacted by the Gardai in May 2014 in
connection with a complaint alleged to have been made
by her in 2013. The solicitor claims that it was made clear
to the Gardai that no fresh complaint had been made by
his client and that the 2013 report to the Gardai was done
without her authority or consent.

Simple Questions
We now want to have simple answers to the following
questions:

Did the requested meeting or phone conversation with


Supt. Cunningham as sought by the HSE in August 2013
take place?

Who was/were the Gardai who made/received phone


calls to/from the HSE counsellor concerning the false rape
offence allegation?

Who interviewed the alleged victim in respect of that


allegation in May 2014 as claimed by her solicitor?

Was any of the foregoing Garda activity reported or


recorded within An Garda Siochana?

Was any of the foregoing Garda activity notified formally


or informally to senior Gardai at Commissioner level, and
if not why not?

Was any decision made not to inform Maurice of the


making of the 2013 allegation, and if so why and by
whom?

These are simple factual questions to which we, and the


Irish public, and their representatives in Dail Eireann are
entitled to simple factual answers now.

These are also questions to which the Minister for Justice


(under section 40 of the Garda Siochana Act, 2005), the
Minister for Children (under section 69 of the Childcare Act
1991) and the Minister for Health (under section 10 of the
Health Act 2004) are entitled to answers from the
Commissioner, Tusla and the HSE.

Given that false allegations of sexual abuse made against


Maurice were given wide currency by being leaked to the
media and that they were discussed in Dail Eireann on
19th June 2014, we are entitled to know and to be
informed by members of Dail Eireann acting on our behalf
and on behalf of all citizens concerned with the truth of
these matters, whether the present or former members of
the Government (including the Taoiseach, the persons
acting as Minister for Justice and the Minister for Children
since 2013, or the Department of Justice) were briefed
formally or informally of the making of such allegations at
any time by the Garda Siochana, or by the Commissioner
for the time being of An Garda Siochana at any time since
August 2013.
These are all matter which can be answered without any
public inquiry under statute. The answers, if truthfully
given now, would not prejudice any later inquiry and could
well assist such an inquiry.

We know that the present Commissioner of An Garda


Siochana has claimed in public to be supportive of us
while seeking ih private to discredit Maurice McCabe
before the O'Higgins Commission.

We have witnessed with growing disbelief her denials of


involvement in discrediting Maurice. If the foregoing
questions are answered truthfully and in public now, the
public will be in a position to know who to believe.
http://www.irishexaminer.com/breakingnews/i
reland/mccabes-release-new-statement-
calling-for-full-public-inquiry-776969.html
Excellent article ! A must read if you want to know what's
going on. The gombeens in Dail Eireann and their Civil
servant lackeys trampling on our constitutional rights and
we let them get away with it over and over again ! 'The
I'm all right Jack' attitude of the general population has to
stop ! How many more John Wilson , Morris McCabe , Joe
Doocey , Stephen T Manning , Colm Granahan 's and
countless others will it take before people wake up and put
an end to this carry on ... ? The system is truly and
honestly fucked and has to go , preferably 'Iceland
Style' ... let's throw these fuckers out and make a new
start. It's not going to be easy, but it's going to be worth
it ! ( Saturday morning rant over ! )
February 13, 17
INVESTIGATIVE REPORTERS HAVE over the past
day revealed details of false allegations of child sexual abuse
leveled at garda whistleblower, Sergeant Maurice McCabe.

Another commission of enquiry is NOT what's needed


here.
This latest shameful situation that has impacted the
McCabe family terribly is brought to you by the same gene
pool that covered up systemic child abuse by the clergy
and aspects of our education system FOR DECADES.
We do not need to see the sickness within Fine Gael and
Fianna Fil given another chance to create smoke screens,
waste hard pressed tax payers money and drag out
another self orchestrated scandal and buy the time to find
ways to make sure none of their backroom goons and
senior civil servants are held accountable.
You need to understand how deep this all goes. The
elected representatives are reprehensible on one level for
protecting and colluding with the disgusting individuals
who actually run the show.
Our system is rotten to the core and has been so since the
inception of the state. But, since the arms crisis in the
1970's to the bugging of journalists phones in the 1980's
to planning corruption exposed via the Mahon/Flood
tribunals and the beef exports scandals, not to mention
the Ansbacher trickery and countless other crimes against
citizens/taxpayers/Ireland that these individuals have
facilitated, benefited from and encouraged.
We need to be protesting and seeking resignations,
accountability, prosecution and results that show these
people that we've copped onto them once and for all. A
huge CLEAR OUT of every civil service department is
required and leadership that changes the mindset is
needed.
It's also very worrying that we have such a lame media
who are almost complicit as they persist in isolating each
case and reporting on it as though it's unique and then
moving on. We need journalism that joins up the dots and
fearlessly exposes the TRUTH. We do NOT have that, by
any stretch.
We are NEVER going to see an end to the sickness until we
see an end to the current SYSTEM.
Thursdays Prime Time report by Katie Hannon gave the
Irish public a shocking and deeply disturbing insight into
the torment and vilification endured by Irish
whistleblowers.
It is impossible to imagine what Maurice McCabe and his
family have suffered since he made the simple but
momentous decision to blow the whistle on garda
wrongdoing.
Maurice McCabes motivations, actions and findings have
been comprehensively vindicated by a series of official
enquiries and reports. There is no doubt as to Maurice
McCabes probity and integrity. However, as is the case for
anyone who speaks truth to power in Ireland, Sergeant
McCabe has not been rewarded. Instead, he has been
punished.
He has endured prolonged hostile scrutiny from sections
within the political establishment, senior gardai and Im
ashamed to say it some journalists. While it may be
impossible to fully comprehend the level of suffering
endured by this man and his wife and children, it is all too
easy to identify the toxic dynamic of whistleblower reprisal
that operates in Ireland.
In other democracies, the social value of whistleblowing is
widely recognised and rewarded. For example, in the United
States, whistleblowers are often awarded financial incentives
sometimes multi-million dollar rewards for calling a halt
to unethical, illegal or dangerous practices in the workplace.

Maurice McCabe
Source: Laura Hutton/RollingNews.ie
Ireland, however, is different. In almost every case
whether the whistleblower is in An Garda Siochana, the
Army, the HSE or the banking and financial services sector
the outcome of whistleblowing is inevitably whistleblower
reprisal of the most appalling nature.
What happened to me
I have personal experience of whistleblower reprisal. As a
young army officer and captain, between 1996 and 2000 I
conducted a PhD study into the experiences of female
soldiers, sailors and aircrew in the Irish Defence Forces. I
was given formal written permission by the military
authorities to conduct this research. Furthermore, I was
instructed in writing by the general staff to comply with the
regulations of the university and lodge the thesis to the
library of Dublin City University, where it remains as a
published document in the academic repository.
Unfortunately, like Sergeant Maurice McCabe in An Garda
Sochna, I found evidence of widespread wrong-doing
within our Defence Forces. I found evidence of explicitly
discriminatory and illegal policies and practices within the
Defence Forces as they applied to women. Some of these
sexist policies and practices were in breach of international
law, including the Geneva Conventions, EU law and Irish
equality legislation. Indeed, some of the policies were in
contravention of some of our Irish constitutional guarantees
around equality. The senior officers who promulgated and
implemented such policies were in breach of their solemn
oath of allegiance to Bunreacht na hEireann.

My research also found evidence of shockingly high levels of


bullying and harassment of female personnel within the
Irish Defence Forces. There were extreme levels of sexual
violence against women with female soldiers reporting
experiences of sexual harassment, sexual assault and
allegations of rape.
Like Sergeant Maurice McCabe an idealistic and
committed garda as a young officer, I was completely
devoted to the Irish Defence Forces. The day I was
commissioned as an officer was the proudest day of my
young life.
Targeted character assassination
When I uncovered the systematic and systemic regime of
misogyny and violence towards women within the Defence
Forces, in my naivety I fully expected my superiors to act
upon my findings and bring an end to this toxic and
dysfunctional culture. However, this was not the case.
Instead, I was promptly sent to Coventry by the majority of
my former colleagues and friends.
I was immediately isolated and my findings completely
ignored. I retired from the Defence Forces in December
2000 to pursue an academic career. In the summer of 2001,
when my research findings were reported in the national
newspapers, I was fully introduced to whistleblower reprisal
Irish style.
Like Maurice McCabe, I was targeted in a sustained
campaign of character assassination. Amongst other things,
I was physically assaulted by a former colleague in front of
my infant children in the city centre. I was subjected to
months of constant abusive texts, phone calls and silent calls
by former colleagues. I was threatened by staff officers at
Defence Forces Headquarters with a campaign of dirty
tricks. I was told that my research findings constituted a
threat to the reputation of the organisation. One senior
officer to whom I turned for advice and support
informed me that when the reputation of the organisation is
at stake, character assassination is a legitimate tactic. He
further warned me that when the organisation cant go for
the ball, theyll go for the man.
Eventually however, at my behest, the then-Fianna Fail
Minister for Defence, Michael Smith, launched an
independent government enquiry into my research, called
the Study Review Group. It reported in 2003 and fully
vindicated my research findings, conclusions and
recommendations. Thankfully, the Defence Forces are now a
better place to work for both men and women and
considered to be an example of best practice for equality,
diversity and dignity by the international military.
The effects of a whispering campaign
Over the years, I still encounter the negative consequences
of reprisal for being a whistleblower. For example, in 2008, I
had to enlist the support of the NUJ when I was informed by
officers at DFHQ that they could not guarantee my physical
safety if I attended a press conference in McKee Barracks.
Over the years, Ive had time to reflect on the ruptured
friendships and the loss of my relationship with the
organisation an extension of my family. It is a traumatic,
upsetting and bewildering experience. To this day, I still get
phone calls from duty editors and producers who have
received negative briefings about me. The whispering
campaign endured by Maurice McCabe is all too familiar to
me.
However, my experience pales into insignificance compared
to that of Sergeant McCabe and other brave Irish
whistleblowers who have tried to the right thing in our
dysfunctional and toxic polity. I often wonder how Ireland
would have fared if there had been enough brave
whistleblowers in our banking and financial services sector
during the so-called Celtic Tiger. If they had been listened
to, perhaps our children and grandchildren would not have
been burdened with 85 billion in debt.
I would appeal to Taoiseach Enda Kenny and Minister
Frances Fitzgerald to follow the example of a previous
Minister for Defence in dealing with the concerns raised by
Maurice McCabes case. A root and branch reform of An
Garda Siochana is required with at a minimum, the levels
of oversight and governance that we expect of the PSNI. And
I would appeal to all right-thinking Irish citizens: please
cherish our whistleblowers. They embody the change that is
required in order for Ireland to survive as a political,
economic and social entity.
My Advice To The Mc Cabe Family is to Take There Justice to A
European Independent Court of Human Rights Abuse and under the
Grounds of Mental Torture by the Hands of Government And Garda
Commissioner Conspiracy and Treason to Whitewash Crimes here
It Will be another snared investigation to cover up he was selected,
FG Selected Judge

Cabinet chooses High Court judge Peter Charleton for Supreme


Court post
Vacancy created by retirement of Nial Fennelly
Tue, Jun 17, 2014, 19:03
Ruadhn Mac Cormaic

Mr Justice Peter Charleton: appointed to the Supreme Court. File


Photograph: Dara Mac Dnaill/The Irish Times
The Government has nominated High Court judge Peter Charleton to
fill the Supreme Court vacancy created by the retirement last month
of Mr Justice Nial Fennelly.
A member of the High Court bench since 2006, Mr Justice Charleton
has been assigned to commercial cases for the past four years and
has written extensively on criminal law.
He also has experience in judicial review and personal injury cases,
is an ad hoc judge of the European Court of Human Rights and has
been supervisor of the Judicial Researchers Office since 2011.
Mr Justice Fennelly retired last month, having served on the
Supreme Court since 2000, and has been appointed by Government
to lead the commission of inquiry into the taping of telephone calls
at Garda stations.
Educated at Trinity College Dublin and Kings Inns, Mr Justice
Charleton was called to the Bar in 1979 and took silk in 1995. He is
the author of a number books on criminal law and has also
published on family and constitutional law, copyright, extradition
and judicial review. One of the countrys leading barristers before his
appointment as a judge, he worked as counsel for the Morris tribunal
into allegations of corruption in the Donegal division of An Garda
Sochna.
Mr Justice Charleton has lectured at Kings Inns, Trinity College
Dublin, Fordham University in New York and Beijing University of
Political Science and Law. He is also chairman of the National
Archives advisory council.
The appointment leaves a vacancy on the High Court, which is
expected to be further depleted when nine judges are appointed to
the new Court of Appeal later this year.
Later this month, the Judicial Appointments Advisory Board will meet
to consider applications to fill the High Court vacancy left by the
retirement earlier this month of Mr Justice Iarfhlaith ONeill. It may
now use the same panel of applicants to choose a replacement for
Mr Justice Charleton.
Two more High Court judges - Mr Justice Barry White and Mr Justice
Daniel Herbert - are due to retire before October.
The advisory board receives applications for judicial posts and sends
Government a list of candidates who meet a set of minimum
criteria. However, the board does not rank candidates by merit and
the Government is not required to choose from its list, giving
ministers wide discretion. Serving judges are not required to apply
through the JAAB.

Nirn OSullivan rejects calls to step aside: false accusations do not


make me guilty of anything
Commissioner: I was not part of any campaign to spread rumours
about Sgt McCabe
February 13, 17
Vivienne Clarke, Sarah Bardon
The Tusla affair will be a defining moment in Irish politics
and will do to the political system what the Brendan Smith
saga did to the Irish Catholic Church. Today the
commentary in the media will focus on whether or not it
could possibly be true that a number of organs of the state
came together and conspired to assassinate a man's
character. I'm telling you here and now that what was
done to Maurice Mc Cabe is just the tip of the iceberg. John
Wilson is another Garda who was victimised. There are
also numerous other victims around the country. Don't
believe me? Ask Seamus Maye or Joe Doocey for a start.
They are two very different cases but a similar theme of
state agencies coming together to destroy a man. Gemma
O'Doherty has made an excellent documentary on the
Mary Boyle case and together with Mary's sister Ann
Doherty have come up against a brick wall in trying to get
justice. It follows a similar theme of state agencies
colluding to cover up corruption at the highest level. Being
elderly doesn't spare you. Michael Gavin is testimony to
that.
Enda Kenny has just stated on RTE news that for the first
time in the history of the state we now have a completely
independent garda commission, this is the biggest lie this
liar has told so far, this authority he is talking about is
made up of civil servants retired judges and other lick arse
friends. Not one civilian is included but i have a letter from
the justice minister stating this commission would be up of
a fair proportion of ordinary people like myself, but not
one. This is yet more smoke an mirrors, just to make us
think we are being listened to. But i gave up believing
politicians many years ago.The civil servants turn our
good politicians into con artists that is where our problems
exists

Garda Commissioner Noirin OSullivan is facing calls to step down


from her position. Photograph: Dara Mac Dnaill
Garda commissioner Nirn OSullivan has said she will not be
standing down while a commission of inquiry examines allegations
over the treatment of Garda whistleblower Sgt Maurice McCabe.

Alan Shatter makes reference to Sgt McCabe


part of it states " If the statutory inquiry is to be
comprehensive, it should include all cases dealt with in
Bailieborough Garda Station which have given rise to
complaint. There is a matter which has been the subject of
articles in the Irish Independent, which included a report
of Deputy Michel Martin meeting an individual who
alleges she was the victim of a sexual assault and her
complaint was not recorded on the PULSE system and did
not result in a prosecution. I understand from the
newspaper report that Deputy Martin was to provide
information on this matter to the Taoiseach and I presume
he has done so. This case should clearly form part of any
statutory inquiry." the rest of it can be read by clicking on
the link below. a lot of the cooke report deals with the
"bugging of gsoc offices"

these scum never lose

Shatter's legal firm receives second-highest fees


from CFA
The legal firm established by former justice minister Alan
Shatter has received more than 660,000 in fees from
Tusla, the Child and Family Agency (CFA), to date this year.
According to data released by Tusla in response to a
Freedom of Information request, the amount paid out to
Dublin firm Gallagher Shatter Solicitors in the year to the
end of December 17 totalled 669,423, including Vat.
The firm which claims to be the first in the country to
establish a separate family law unit received the
second-highest amount in legal fees this year from the
CFA towards representing guardians ad litem in the family
law proceedings.
Mr Shatter joined the firm in 1976 and is widely regarded
as one of the authorities on family law in Ireland, having
written extensively on the subject.
Earlier this year, the HSE confirmed that Gallagher Shatter
Solicitors received 392,646 in fees for acting for
guardians ad litem in 2013.
The highest amount paid out this year by Tusla to solicitors
representing guardians ad litem was to Pol OMurchu & Co
Solicitors, which received 1.14m in fees.
The figures show that the total spend on solicitors
representing guardians ad litem who provide an
independent voice for children in family law proceedings
totals 5.5m in 2014 to date.
This compares to a spend of 4.85m for 2013 to solicitors
representing guardians ad litem a jump of 13.5% in one
year.
Other solicitors in receipt of payments from the CFA
representing guardians ad litem to feature in the top 10
recipients are: Gerard OBrien, 587,628; Rosemary
Gantly, 525,425; Caldwell & Robinson Solicitors,
502,542; Gary Irwin, 315,421; Augustus Cullen, Law
300,281; Noonan Linehan Carroll Coffey Solicitors,
214,548; McCarthy & Associates, 166,788; and St Johns
Solicitors, 152,484.
In briefing documents prepared for the then childrens
minister, Charlie Flanagan, in May, the secretary general
of the department noted that legal costs at Tusla were
amongst the issues giving rise to expenditure problems
for the agency and referred to the inadequacy of the
budget transferred from the HSE for this purpose.
The agency has stated that although future legal costs
would be reduced, this will not be evidenced in 2014 as a
consequence of the level of inherited commitments.
The current childrens minister, James Reilly, has stated
that Tusla is engaged in a comprehensive and ongoing
process of reform of its interactions with the courts
system, with the aim of reducing the considerable legal
costs the agency faces.
The legal firm established by former justice minister Alan Shatter
has received more than 660,000 in fees from Tusla, the Child and
Family Agency (CFA), to
Cooke Report: Statements (Continued)
Thursday, 19 June 2014
Dil ireann Debate
[Deputy Alan Shatter: Information on Alan Shatter Zoom
on Alan Shatter] Both reports recount that GSOC
instructed Arthur Cox Solicitors to assist them with the
inquiries and in the preparation of documentation and
statements. Both reports recount that GSOC's lawyers
prescribed conditions to be complied with for reading
documents regarded as sensitive, confidential or
privileged. Judge Cooke had no difficulty in agreeing
appropriate arrangements and in attending at GSOC's
offices to access and read all relevant documentation. I do
not understand why Mr. Guerin did not do the same.

In addition, to comply with fair procedures, Judge Cooke


met with the GSOC Commissioners and their lawyers,
raised questions for them to answer and ultimately met
with them:
to clarify some points that had arisen during the inquiry
and to afford them an opportunity... to comment upon the
conclusions to be expressed in the report.
Mr. Guerin's approach to GSOC and others affected by his
report could not have been more different. Four days after
Judge Cooke had attended at GSOC's offices to examine
documentation, Mr. Guerin received a letter from GSOC's
solicitors raising what the Guerin report refers to as,
"preliminary legal and practical issues" and which stated
that GSOC had, "voluminous relevant documents" and
"was anxious to cooperate". Bizarrely, for some reason I
do not understand, Sean Guerin, in his report states,
"there was no practical reality to 'voluminous documents'
being reviewed at that late stage". He criticises GSOC for
not making relevant documents available to him earlier.
He affords no recognition to the fact that GSOC was
simultaneously engaged in two separate inquiries and,
unlike Judge Cooke, he never met with any member of
GSOC. Moreover, in his letter of 6 May to Martin Fraser, Mr.
Guerin acknowledges that GSOC's seeking safeguards
relating to making documentation available to him was,
"not unreasonable". However, in that letter, he complains
that he was given no indication of GSOC's concerns, "until
the process of drafting the final report was well
underway", and that he had, "no opportunity to review
such documentation with the care required". This is
astonishing. I would like to know why Mr. Guerin thought
he had no opportunity to review GSOC's documentation
with the care expected; why the drafting of the final report
was "well underway" without his having read and
considered this documentation without meeting others
affected by his conclusions; why he completely failed to
observe fair procedures in accordance with constitutional
and natural justice. His terms of reference allowed him all
the time he needed to properly complete his work. What
was his hurry?

With regard to GSOC, Mr. Guerin partially explains his


failure by attempting to minimise the importance of
GSOC's role and recounts that it became involved in a
small number of the cases he reviewed. This assertion is
disingenuous. For example, GSOC was central to
determining complaints of Garda misconduct with regard
to serious offences committed by Jerry McGrath, one of
which involved an alleged catastrophic Garda failure
which, if it had not occurred, may have resulted in
McGrath being held in custody on the tragic day in
December 2007 when he murdered Sylvia Roche Kelly.

It was right that Mr. Guerin met with Sergeant McCabe


for as long as he deemed necessary. It is a mystery to me,
however, as to how he believed he was properly fulfilling
his remit and his obligation to observe fair procedures to
reach accurate conclusions and make recommendations
by meeting for 19 hours with Sergeant McCabe, but
meeting with no one else whose good name, reputation
and credibility could or would be affected by his report.
Unlike Judge Cooke, he made no arrangements to meet
with any persons so affected, to raise any questions with
them or to give them an opportunity to address any draft
conclusions reached by him. There would have been, of
course, no difficulty in his doing so; he simply chose not
to.

Paragraph 2 of the terms of reference enabled Mr. Guerin


to interview not only Sergeant McCabe but also:

any other such person as may be considered necessary


and capable of providing relevant and material assistance
in his review... and to communicate with An Garda
Sochna and any other relevant entity or public body in
relation to any relevant documentation and information
and to examine what steps, if any, have been taken by
them to investigate and resolve allegations and
complaints [referred to him].
I believe most people would regard me, as the then
Minister for Justice and Equality, as a person who could
have provided relevant and material assistance. I believe
that fair procedures and the principles of natural and
constitutional justice required that Mr. Guerin should have
interviewed me or at the very least, communicated his
concerns and questions to me in writing and afforded me
the opportunity to address them and also to address his
draft conclusions which he had to know would render my
continuing in the office of Minister for Justice, Equality and
Defence, untenable.

I believe had I been given the opportunity, I could have


provided comprehensive information detailing the
substantial attention I gave to allegations made by
Sergeant McCabe and to use Mr, Guerin's words, my
heeding and acting on what he had to say. In doing so, I
could have also detailed obstacles and difficulties of
relevance that would have shed light on aspects of the
background into which he had no insight. I also believe
there was no basis for Mr. Guerin's conclusions that there
were grounds for concern that I did not understand my
independent statutory role, as there was no question, as
he suggests, of my simply accepting the views of the
Garda Commissioner without question. Unfortunately, I
was given no opportunity by him to address these matters
and I believe these conclusions reached by him to be
substantially outside the remit of his terms of reference.
The result of Mr. Guerin's report was to render my
continuing as Minister untenable and, as a consequence, I
resigned my position. That is done. However, the process
involved and the failure to adhere to fair procedures has
serious and wider implications.

I believe all of us should be entitled to know that we


cannot, by way of any form of inquiry or review or other
means, be secretly put on trial; have charges levied
against us of which we have no knowledge; be prosecuted
without being informed of the evidence and convicted
without being given the opportunity to speak or defend
ourselves. I believe that the unprecedented approach to
this review and examination or preliminary inquiry which
was undertaken and conducted must never be repeated. I
believe no one in the future, requested to undertake such
a task, should be enabled to take onto himself or herself
the role of investigator, prosecutor, judge, jury and
executioner and to ignore entirely fair procedures
prescribed by our courts and which are specifically
prescribed for the undertaking of a statutory inquiry under
the provisions of the Commissions of Investigation Act
2004.
I do not believe it was ever envisaged that a preliminary
inquiry and scoping exercise to determine whether a
statutory inquiry should take place could be so utilised as
to undermine totally the fair procedures architecture which
is a central core of the Commissions of Investigation Act
2004. Preliminary inquiries or reviews should not facilitate
the bypassing of essential human rights protections
incorporated in the 2004 Act. For my own part, I never
anticipated that a practising senior counsel, asked to
consider independently the serious issues detailed in his
terms of reference, could or would so ignore basic
principles of constitutional and natural justice and fair
procedures which have been repetitively pronounced upon
and endorsed by our courts at the highest level. These
principles are crucial to the rule of law and ignoring them
places in peril a value system crucial to the well-being of
all our citizens and of all who reside in the State. To ignore
them is to endorse the creation of kangaroo courts as
dramatically depicted in Franz Kafka's book, The Trial.
It is clear from the Guerin report that its author
understood what was required in the context of fair
procedures. For example, in chapter 5 of his report, he
castigates An Garda Sochna for not affording Sergeant
McCabe an opportunity to comment on evidence
uncovered in an investigation resulting from a complaint
he made and references his entitlement to so comment as
being an "important procedural right" and the failure to
enable him to do so as resulting in, "a fundamental
procedural flaw in the investigation." Moreover, he states,
in the context of the statutory inquiry that he recommends
to examine further Sergeant McCabe's allegations:
[following] an opportunity to hear evidence from the
individual members and officers of An Garda Sochna and
civilians, including victims of crime, involved in these
matters, a different view of the facts could emerge.
The startling omission from his report is an
acknowledgement that, "with the benefit of an opportunity
to hear evidence" from me, as the then Minister for Justice
and Equality, or from some others, "a different view of the
facts could emerge" as to my dealing with Sergeant
McCabe's allegations and my taking heed of his concerns.
Of course, even if this had been expressly stated by him, it
would have been no substitute for applying to me the
ordinary rules of fair procedure instead of rushing to
judgment with obvious consequences.
I believe that I am entitled to an explanation for the
approach adopted in the preparation and finalisation of
the Guerin report and to an explanation as to why
conclusions were reached and a factual finding made that,
as Minister for Justice and Equality, I did not heed what
Sergeant McCabe had to say, without my being
interviewed or a single question put to me or to
departmental officials. I believe I am entitled to know, as
are Members of this House, why the Guerin report was so
hastily and prematurely completed in comparison to the
approach and time taken to complete the Cooke report.
My accusation is that it is a fundamentally flawed
preliminary inquiry and report and an unprecedented rush
to judgment. As a prosecuting counsel, Mr. Guerin must
know that the manner in which he conducted his role and
some of the conclusions reached by him would not
withstand court scrutiny.

Unfortunately, I do not have the time available in this


debate, to detail all the omissions and inaccuracies in the
Guerin report which I could have addressed had Mr. Guerin
interviewed me. There is, however, a particular issue to
which I wish to refer.
http://oireachtasdebates.oireachtas.ie/debate
s
%20authoring/debateswebpack.nsf/takes/dail
2014061900038?opendocument#
Crime reporters object to
negative image of their trade
Some journalists fear whistleblower inquiry will change
relationship with garda forever
Fri, Feb 10, 2017, 10:54
Peter Murtagh
Garda Commissioner Nirn OSullivan. Supreme Court judge Peter Charleton
will examine whether OSullivan was a source for a May 9th, 2016
The Leveson Inquiry in the United Kingdom, which
investigated the relations between police and the press,
convulsed journalism and changed the relations between
the two forever.
Today, some crime journalists in Ireland wonder if the
inquiry to be headed by Supreme Court judge, Peter
Charleton into allegations of a Garda campaign to smear
whistleblower Maurice McCabe will do the same.
Is this our Leveson? asked one crime reporter. The
Government on Thursday agreed to expand the inquirys
terms of reference to include any contacts between
senior garda and ministers, past or present.
Besides examining whether there was a campaign to
encourage negative media reporting of McCabe, the
judge will also examine whether Garda Commissioner
Nirn OSullivan was a source for a May 9th, 2016, RT
broadcast.
In it, the stations crime correspondent Paul Reynolds
gave a leaked account of a report by Mr Justice Kevin
OHiggins in which Sgt McCabe was branded a liar and
irresponsible.
A popular perception of crime reporters is that they are
too close to the Garda Sochna so close that, in reality,
they are little more than garda mouthpieces.
Thats bollocks, was the blunt and uncompromising
retort from one.
Complete nonsense, agreed another.
No support
Practitioners contacted Thursday were prepared to talk
mostly only off the record. However, Michael OToole of
the Star was robust in defence of his craft.
Somehow, he said, crime reporters are not allowed to
get stories. Every other type of journalist gets stories and
are applauded. Crime reporters have no support from
other sections of the media. They think we are just fed
stuff by the Garda press office. Thats not true; its an
urban myth.
OToole says almost all of his reports are based on old-
fashioned reporting gum shoe journalism, as he put
it by having contacts in every Garda division, among
criminals and by working sources daily. His own
reporting has led to threats on his life.
You dont get that when youre [a journalist] sipping
lattes in Leinster House.
Another crime reporter, also speaking off the record,
said, however, there were colleagues not OToole
whom it was widely known had relationships with the
garda that were too close and compromised their
independence.
I can identify who exactly is a mouthpiece for the
guards, said this reporter, and there are people who
have made a career out of it. Do political journalists just
repeat what some spin doctor tells them? Yes, some do
but the good ones dont. Same with us.
The reporter said that allegations, voiced by Labour
leader Brendan Howlin under the protection of Dil
privilege, that Sgt McCabe had committed sexual
crimes, had also been given to them.
I was told that by senior guards, said the reporter. I
checked it out and there was no evidence to back it up
and so I never wrote it.
In April 2014, one of the best-known crime reporters,
Paul Williams, reported in the Irish Independent a story
under the headline Girl wants new probe into alleged
sex assault by garda that related to Sgt McCabe but
without explicitly linking the allegation to him.
Williams could not be contacted Thursday but an
Independent source said the story did not originate with
senior Garda and, in any event, could not be confirmed.
Investigated fully
The allegations were very serious but when we
investigated fully, there was no way they could stand
up, said the source.
Another crime reporter, also talking off the record, said
the relationship between the Garda and journalists was
dysfunctional.
Trying to get even basic information from Garda
headquarters is like pulling teeth, they maintained. I
can ring a police force in England or the US and get a lot
more information on the record, as a complete stranger,
than I can from people in the Garda who know me and
whose job it is to deal with the media.
The people working on the press office are not the
problem. Theyre curtailed by those over them who are
obsessed with not letting anything out and about
launching investigations to find the source whenever
something that isnt sanctioned appears in the media.
This newspapers long-standing crime and security
editor, Conor Lally, says he knows that lots of his
reports have made Garda headquarters livid. He relied
mostly on his own contacts.
I rely on the goodwill of contacts to talk off the record,
said Lally. They want to take charge of the information
of their own operations because they dont feel they get
that from Garda HQ and so talk to us off the record.
Its funny that crime reporters seem to be at the centre
of this now even though politicians are on the record as
saying these rumours have been doing the rounds in
Leinster House for an age. Its not the crime reporters
spreading it around political circles, he says.
RT spokeswoman Laura Fitzgerald declined to talk in
detail about the focus on Paul Reynoldss May 2016
report but said the station will give the commission the
due respect it deserves.
Reynolds was a very, very experienced reporter with a
well-respected reputation, she added.
Michael OToole agreed.
I know Reynolds, he said. Ive been a friend of Pauls
for years and hes the hardest-working journalist I know.
I go to more [crime] scenes than most and when I go,
hes there before me and is there after I leave.
http://www.irishtimes.com/news/crime-and-
law/crime-reporters-object-to-negative-
image-of-their-trade-1.2970769

McCabes' statement: ' Truth today -


justice can follow'
Monday, February 13, 2017
Whistleblower Maurice McCabe has demanded that
Taoiseach Enda Kenny, Justice Minister Frances Fitzgerald
and other ministers reveal if they were ever briefed on
false sex abuse claims peddled against him.

In a rare statement from Mr McCabe and his wife Lorraine,


they also rejected the need for the imminent "secret"
commission of inquiry into the "sustained campaign to
destroy our characters".

Instead, the couple called for politicians and police to tell


the truth immediately about who knew of the false
allegations being spread about Mr McCabe as he tried to
expose wrongdoing within the force.

"We have endured eight years of great suffering, private


nightmare, public defamation and state vilification, arising
solely from the determination of Maurice to ensure that
the Garda Siochana adheres to decent and appropriate
standards of policing in its dealings with the Irish people,"
they said.

The McCabes said their personal lives and family life -


including the lives of their five children - have been
"systematically attacked" in a number of ways by State
agencies.

"We have also been the subject of a long and sustained


campaign to destroy our characters in the eyes of the
public and public representatives and in the eyes of the
media," the couple said.

On the imminent inquiry, to be headed by Judge Peter


Charleton, the McCabes said they are "definitely not
agreeable" to their entitlement to the truth being
postponed by a "secret investigation behind closed doors"
which could take one and a half years.

"We are entitled to the truth today - justice can follow in


its wake," they said.
"We wish to make it clear that we are definitely not
agreeable to that entitlement being wholly postponed so
that another Commission of Inquiry can conduct a secret
investigation behind closed doors and make a report, into
which we have no input as of right, in nine or eighteen
months' time.

"We are entitled to the truth today- justice can follow in its
wake," the statement said.

Read the full statement by Maurice and Lorraine


McCabe released Monday February 13, 2017

We have endured eight years of great suffering, private


nightmare, public defamation, and state vilification arising
solely out from the determination of Maurice to ensure
that the Garda Siochana adheres to decent and
appropriate standards of policing in its dealings with the
Irish people.

Our personal lives and our family life, and the lives of our
five children, have been systematically attacked in a
number of ways by agencies of the Irish state and by
people working for the state in those agencies.

These events have, one way or another, given rise to a


long series of state investigations, ranging from internal
Garda investigations (disciplinary and administrative), the
Fennelly Commission, the O'Higgins Commission, several
GCOC investigations (some of them targeted indirectly at
Maurice), and investigations within HSE and Tusla (some
of them targeted at both of us and some of them
concerning what those agencies have done to us) and the
reports of Sean Guerin SC and former Judge larfhlaith
O'Neill. All of these have taken place in private.

We have also been the subject of a long and sustained


campaign to destroy our characters in the eyes of the
public, and public representatives and in the eyes of the
media.

Today, we have heard one Minister, Simon Harris, state


that we are entitled to "truth and justice".
We wish to make it clear that we are definitely not
agreeable to that entitlement being wholly postponed so
that another Commission of Inquiry can conduct a secret
investigation behind closed doors and make a report, into
which we have no input as of right, in nine or eighteen
months' time.
We are entitled to the truth today- justice can follow in its
wake.

The Need For A Public Inquiry


Our experience of the O'Higgins Commission of
Investigation is too fresh in our minds to allow for a
repetition. Although that Commission investigated a
number of serious instances of malpractice in the policing
function in Bailieboro and upheld Maurice's complaints in
respect of all of them, the public has never been made
aware that, throughout the proceedings before that
Commission, Maurice, at the hands of the legal team
representing the current Commissioner, was cast in the
role of culprit and/or defendant, and as a person making
those complaints in bad faith and without cause.
When challenged in that respect, that legal team sought
and obtained confirmation from the present Commissioner
that they did so on her personal instructions.
Because the 2004 Act prohibits under pain of criminal law
the publication of the actual evidence tendered to such
Commissions, the public has little or no appreciation of
what was done, and attempted to be done, to Maurice in
the course of its hearings.

For example, against the background of the current Tusla


controversy, the entirely false allegation made of sexual
abuse in 2006 against Maurice was repeatedly the subject
of attempts at introduction in the proceedings for the
purpose of discrediting his motives and testimony.

The entire transcript of that Commission (to which we still


have access) is also in the possession of the Minister for
Justice and Equality and the foregoing comments can
easily be verified by inspecting same.

For these reasons, we have consistently submitted that


any further inquiry into these matters must be a public
inquiry.

Now that the truth has emerged of the false and shocking
campaign to vilify us and discredit us, there is no reason
to have any secret or private inquiry under the 2004 Act.

The Truth Now:

August 2013
We are now aware from the Tusla file that when the latest
version of the false accusation of sexual abuse, now
including an accusation of a rape offence, was made in
2013, the HSE wrote to Supt. Noel Cunningham, who had
investigated the false claim in 2006, at Monaghan Garda
station on 15th August 2013, seeking a meeting to discuss
the matter "prior to making any contact with the alleged
perpetrator''.
We are entitled to know now whether any such meeting or
discussion took place. If it did, the falsity of the rape
offence allegation would have been immediately apparent
to Supt. Cunningham and the claimed "error" would have
been discovered immediately. Some record of any such
meeting or phone discussion and some record of that
discussion, if it occurred, must exist.

May 2014
We are also aware from the Tusla file that the HSE
counsellor who had filed the false accusation of a rape
offence the previous August had been "made aware" by a
third party of the erroneous claim of a rape offence, and
had been contacted in a number of telephone calls by an
un-named person who informed her that the
Superintendent at.Bailieboro had still not been informed of
the error and had been requested to meet and discuss the
case with the Garda Commissioner, who was by this time
Commissioner O'Sullivan. These calls can only have been
made by someone in An Garda Siochana with considerable
knowledge of the force's treatment of the rape offence
allegation.
A solicitor has now informed the Sunday Times that his
client was contacted by the Gardai in May 2014 in
connection with a complaint alleged to have been made
by her in 2013. The solicitor claims that it was made clear
to the Gardai that no fresh complaint had been made by
his client and that the 2013 report to the Gardai was done
without her authority or consent.

Simple Questions
We now want to have simple answers to the following
questions:

Did the requested meeting or phone conversation with


Supt. Cunningham as sought by the HSE in August 2013
take place?

Who was/were the Gardai who made/received phone


calls to/from the HSE counsellor concerning the false rape
offence allegation?

Who interviewed the alleged victim in respect of that


allegation in May 2014 as claimed by her solicitor?

Was any of the foregoing Garda activity reported or


recorded within An Garda Siochana?
Was any of the foregoing Garda activity notified formally
or informally to senior Gardai at Commissioner level, and
if not why not?

Was any decision made not to inform Maurice of the


making of the 2013 allegation, and if so why and by
whom?

These are simple factual questions to which we, and the


Irish public, and their representatives in Dail Eireann are
entitled to simple factual answers now.

These are also questions to which the Minister for Justice


(under section 40 of the Garda Siochana Act, 2005), the
Minister for Children (under section 69 of the Childcare Act
1991) and the Minister for Health (under section 10 of the
Health Act 2004) are entitled to answers from the
Commissioner, Tusla and the HSE.

Given that false allegations of sexual abuse made against


Maurice were given wide currency by being leaked to the
media and that they were discussed in Dail Eireann on
19th June 2014, we are entitled to know and to be
informed by members of Dail Eireann acting on our behalf
and on behalf of all citizens concerned with the truth of
these matters, whether the present or former members of
the Government (including the Taoiseach, the persons
acting as Minister for Justice and the Minister for Children
since 2013, or the Department of Justice) were briefed
formally or informally of the making of such allegations at
any time by the Garda Siochana, or by the Commissioner
for the time being of An Garda Siochana at any time since
August 2013.

These are all matter which can be answered without any


public inquiry under statute. The answers, if truthfully
given now, would not prejudice any later inquiry and could
well assist such an inquiry.

We know that the present Commissioner of An Garda


Siochana has claimed in public to be supportive of us
while seeking ih private to discredit Maurice McCabe
before the O'Higgins Commission.

We have witnessed with growing disbelief her denials of


involvement in discrediting Maurice. If the foregoing
questions are answered truthfully and in public now, the
public will be in a position to know who to believe.
http://www.irishexaminer.com/breakingnews/i
reland/mccabes-statement-truth-today--
justice-can-follow-776969.html

Former head of Garda Press Office


'vindicated' after being cleared of leaks
to media
Update 6.15pm: Superintendent David Taylor has
released a statement saying "I have now been vindicated",
following the decision today by the DPP not to prosecute
him.

The former head of the Garda Press Office was suspended


on suspicion of passing on details relating to the removal
of two Roma children from their families.

He was today cleared of leaking sensitive information to


the media.

Mr Taylor said: "After almost two years under formal Garda


investigation I have been informed today that a decision
has been made not to prosecute me. I await a copy of the
Director of Public Prosecution's letter.

"I have waited a long time for this decison to be made. It


has been an incredibly stressful and difficult time for my
family and myself.
"I fully support the McCabe
family in their calls for a full
public inquiry
"I have now been vindicated" -
Superintendent David Taylor.
Full Statement by Sgt Maurice
McCabe and his wife Lorraine -
more on at 5:30PM
The Garda Commissioner Noirin O'Sullivan is again
rejecting calls on her to step aside insisting "I am
innocent"
Garda Commissioner Noirin O'Sullivan "notes with
surprise, the comments made by Deputy Brendan
Howlin"
BREAKING: Terms of reference... they're VERY
comprehensive, with Noirin O'Sullivan's phone
records to be examined
"I would like to thank my friends and colleagues who
supported me throughout this time.

"I have now been vindicated and I will shortly be resuming


that part of my life which has been put on hold since the
start of this process."

Earlier: Superintendent David Taylor, a former head of


the Garda Press Office, has been cleared of leaking
sensitive information to the media.

The Garda whistleblower was suspended on suspicion of


passing on details relating to the removal of two Roma
children from their families.

Superintendent David Taylor was suspended while an


investigation took place into the alleged illegal leaking of
sensitive information to journalists
The information he was accused of passing on related to
the removal of two Roma children from their families in
2013.

File photo of Garda Superintendent David Taylor. Pic:


Collins.

After spending two years as head of the Garda Press


Office, he was transferred to the traffic division in June
2014.
He was arrested the following year and has been on a
severely reduced salary while on suspension.
He went to the High Court this time last year to try and
put a hold on the investigation amid concerns that
evidence was being tampered with.
A file was sent to the DPP, but this afternoon he was told a
decision had been made not to prosecute.
Superintendent Taylor is also at the centre of the ongoing
whistleblower controversy. He claims senior Garda
management directed him to spread malicious rumours
about Sergeant Maurice McCabe
Garda whistleblower
has private meeting
with Sinn Fin deputy
leader and Justice
spokesperson
13 February 2017

Maurice McCabe Rejects Commission of Investigation

JOHN HEDGES
AN PHOBLACHT EDITOR

When the person at the centre


of the onslaught and scandal
tells you they have no
confidence in a Commission of
Investigation then you have to
take note of that
GARDA WHISTLEBLOWER Maurice McCabe had a private
meeting with Sinn Fin deputy leader Mary Lou
McDonald and Justice spokesperson Jonathan OBrien in
Dublin late on Monday afternoon.
The TDs were shown the files held by the states Tusla
Child & Family Agency on Maurice and his family. Mary
Lou described them as deeply and profoundly
shocking when seen written down . . . awful stuff.

Mary Lou McDonald and Jonathan O'Brien met whistleblower


Maurice McCabe
Maurice McCabe is adamant that a Commission of
Investigation is not adequate or acceptable to him given the
smear campaign and the use and misuse of institutions of the
state to launch a full attack on him, his character and on his
family, Mary Lou said.
The Sinn Fin TDs said that, during a very detailed
conversation with him, he reiterated his call for a full public
inquiry.
Clearly, when the person at the centre of the onslaught and
scandal tells you they have no confidence in a Commission of
Investigation, that the experience of the OHiggins Commission
of Investigation has left them so burned that they will not
countenance another such process, then you have to take note
of that. And we support Maurice McCabes call for a full public
tribunal of inquiry.
She said that Sinn Fin is telling the Government and Fianna
Fil and anyone else arguing for a Commission of Investigation
that this option is therefore defunct and must be taken off the
table.
The Sinn Fin TDs were shown the Tusla files. Maurice told
them that, of all the things that had happened to him, his wife
Lorraine and their children over the past eight years, this
aspect has been the most devastating of blows to him and his
family.
Maurice McCabe expressed no view on Sinn Fins motion of no
confidence in the Government to be heard in the Dil on
Wednesday although it was detailed by the two TDs. It would
not have been fair or appropriate to ask him to be dragged
into matters of political controversy by asking for his
endorsement, Mary Lou said.
She said, however, that if Fianna Fil is serious about
accountability in this scandal, it will support Sinn Fins motion
of no confidence in the Fine Gael/Independent Government.
Maurice McCabe was let down by An Garda Sochna, by
Tusla, and by sections of the media and individuals within it,
Mary Lou said.
Maurice has now been let down by this government and the
previous government. Now is the moment of reckoning and of
calling all to account and our firm position is that this
happens through a general election.
Crazy Irish politics full of lies, secret deals and hypocrisy.
Full Statement by Sgt Maurice McCabe and his wife
Lorraine - more on @3NewsIreland at 5-30PM,
Garda Commissioner Noirin O'Sullivan
"notes with surprise, the comments made by Deputy
Brendan Howlin,
The Garda Commissioner Noirin O'Sullivan is again
rejecting calls on her to step aside insisting "I am
innocent" Terms of reference... they're VERY
comprehensive, with Noirin O'Sullivan's phone records to
be examined,
Statement from Garda whistleblower Supt. Dave Taylor.
See more on be3 news at 7 and 10,
fully support the McCabe family in their calls for a full
public inquiry,
Terms of reference... they're VERY comprehensive, with
Noirin O'Sullivan's phone records to be examined
They are in danger of running out of judges to run
commissions of enquiry at this stage. Still, the beaks are
making a few bob and the barristers are raking in
MILLIONS ... (even Jim O'Callaghan must be considering
quitting politics for the more lucrative C. of E. business).
When all the commissions of enquiry are done - around
the year 2050, everybody will be happy. And mostly dead!
SGT. MC CABE CASE: THE STATE'S DISGRACE. ENOUGH IS ENOUGH!
THE GOVERNMENT MUST RESIGN NOW.
It is now clear beyond any doubt that the State's treatment of garda
whistleblower Sgt. Maurice McCabe has been utterly shocking and
disgraceful
The central claim by TUSLA, that the horrible and false accusation of
serious sexual abuse levelled at Sgt. McCabe, remained active on
his file due to 'clerical error', simply defies belief. If it were true,
which we repeat is not credible, it would testify to a level of
monumental state incompetence that would be a threat to us all
and completely unacceptable.
The whole appalling story which has now run for years discredits the
State agencies and the Government as a whole. It testifies to a
general culture of turning a blind eye, covering up, sweeping things
under the carpet and institutional mutual self -protection which
cannot be tolerated any longer. Sgt McCabe and other
whistleblowers must be defended.
Throughout this episode we are repeatedly faced with the same
alternative: either the 'relevant authorities' know what was
happening, in which case they are culpable, or they didn't know and
they are not fit for their jobs. Either Commissioner OSullivan and
other senior garda officers were smearing Sgt. McCabe, or knew he
was being smeared, or were simply not looking. All these
alternatives are unacceptable. Either Minister Katherine Zappone
knew what was happening and did nothing and did not tell her
cabinet colleagues, which is unforgivable, or she did tell them in
particular the Taoiseach and the Tnaiste and we are being lied to.
Either the Taoiseach knew what was happening and is implicated or
he is expressing confidence in a Minister and a Garda Commissioner
who have concealed vital information from him, and he has lost his
grip on his own government and State apparatus. This is not
acceptable. He and the Tnaiste must both resign.
This dreadful episode testifies to a deep malaise in the Irish State. It
is a product of the same political culture of corruption and impunity
which developed over decades and brought us brown envelopes, the
Galway tent, the financial crisis and Michael Lowry sitting on a
committee to 'investigate' Dennis O Briens media holdings.
This culture has survived through the practice of setting up endless
enquiries, at great public expense, and politicians and officials
getting way with things because 'they are not proven'. They are not
proven because the truth is hidden.
It is not enough for the Government to sacrifice an individual
minister as a scapegoat. This dreadful scandal comes on top of the
chronic failure to deal with the housing and homelessness crisis or
the crisis in the health service.
The only solution is a democratic one: the government must resign
now. The people must have their say!

Thanks for calling Katherine' -


Frances Fitzgerald has torrid
time of it explaining her role in
Tusla saga
The Minister insists she had no knowledge of Tuslas involvement in the
Maurice McCabe saga before last Thursdays Prime Time broadcast.
4 minutes ago 244 Views 3 Comments
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Text content
Frances Fitzgerald
Source: RT
FRANCES FITZGERALD INSISTS that the first she knew of
the ongoing Tusla scandal regarding Sergeant Maurice
McCabe was when the story was broadcast on RTs Prime
Time last Thursday.
A clearly flustered Fitzgerald has undergone a torrid
interrogation session on RTs The Week in Politics, but has
stuck to her guns and insisted that her story is the truth.
Katherine Zappone telephoned me on the day she was
meeting Maurice McCabe, 25 January, I remember
distinctly taking the call, she said.
I said thanks for calling Katherine, and that was it.
Obviously I wasnt going to say yes or no, it wasnt my
business, that was the conversation I had with her.
Asked directly was she aware that Tusla had kept a false
allegation of sexual impropriety against McCabe on file for
nearly two years after it had been debunked, she replied no
I wasnt aware of that.
As Minister Zappone has clarified, she would have said
something (at cabinet) if she felt it needed to be said, she
said.
Asked why, as Minister for Justice, she had not followed up
on Zappones meeting with McCabe, who has been at the
centre of the whistleblower scandal for over three years,
Fitzgerald said:
I was respecting the integrity of her meeting with him
(McCabe). Maurice McCabe has been subject to an awful lot
of hassle. I did not know the facts as they emerged.
Independent TD Clare Daly replied that she was struck
dumb by Fitzgeralds assertions.

Clare Daly
Source: RT
The protected disclosure of Dave Taylor (former head of the
Garda Press Office) contained this information regarding
the child sex allegation. The idea you hadnt heard of it prior
to Prime Time is laughable, she said.
It was a protected disclosure, you dont discuss such
disclosures in detail, Fitzgerald replied.
Incompetence
Fianna Fils Justice Spokesman Dara Calleary said: You
honestly expect us to believe that you didnt even say to
Minister Zappone how did that meeting go?
Yes, because its the truth, Fitzgerald replied.
Thats incompetence, said Calleary.
Labour TD Alan Kelly then said that he finds the story
incredible in terms of someone who has sat at cabinet and
knows how it works.
Ill tell you why. I have been contacted by another
whistleblower who sent 13 letters to the Minister for Justice
and in October last year he outlined how he had serious
concerns with Tusla.
If Minister Zappone contacted Minister Fitzgerald in terms
of Maurice McCabe, did alarm bells not go off in terms of
another whistleblower making contact regarding Tusla? Did
you not join up the dots?

Alan Kelly
Source: RT
I cannot investigate protected disclosures as Deputy Kelly
knows very well, said the Fitzgerald.
I was respecting the whistleblower and the integrity of the
meeting, Katherine Zappone said if it needed to be brought
to my attention she would have told me.
Its the truth, you can keep saying its not credible all you
like. I have never put in the public arena any issues that
would be damaging to Maurice McCabe. If I had information
about Tusla, why would I withhold it? What good would that
do me? she asked.
It is quite obvious that cabinet has broken down and that
Fine Gael are trying to throw Katherine Zappone under a
bus, Kelly replied.
http://www.thejournal.ie/frances-fitzgerald-the-week-in-politics-
3235988-Feb2017/
EXTRACT ""After the bankers and politicians managed to
collapse the economy, the rest of us - in Michael Noonan's
words - "took one for the team" (the team being the
European banking system). Throughout the recession, the
wealthiest retained their position. The occasional poor
dear had to go to the UK and have a few pints while
waiting for the bankruptcy clock to run down.
More important - all the structured inequalities and
unfairness survived untouched. The hidden subsidies for
the well-off remain in place, as do the obstacles for those
born in the wrong area.
The sick and the poor are as afflicted in 2017 as they were
in 2006. And we have little reason to believe the
emergency department corridors won't be clogged with
trolleys a decade from now.""
Bertie Ahern says May is
putting Peace Process in
jeopardy
Wayne O'Connor
PUBLISHED
12/02/2017

Former Taoiseach Bertie Ahern Picture By David Conachy


Former Taoiseach Bertie Ahern has accused
UK leader Theresa May of putting the peace
process in jeopardy.
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In an interview with the Observer, Ahern said that the
British government appeared to have resigned itself to
establishing a border between the north and south once
the UK leaves the EU - with potentially devastating results.
"May seems to be switching her language," he said. "She's
saying not that there'll be no border, but that the border
won't be as difficult as to create problems. I worry far
more about what's going to happen with that.
"It will take away the calming effects of an open border.
Any attempt to try to start putting down border posts, or
to man it in a physical sense as used to be the case, would
be very hard to maintain,. It would create a lot of bad
feeling."
In its Brexit white paper published last month, the UK
stated its aim to have "as seamless and frictionless a
border as possible between Northern Ireland and Ireland".
The British secretary of state for exiting the EU, David
Davis, has suggested that the arrangements between
Norway and Sweden could be a model to copy, where
CCTV cameras equipped for automatic number-plate
recognition are in place. However the European
parliament's Brexit negotiator Guy Verhofstadt appears to
scorn such a model, given that there would need to be
customs checks and restrictions on free movement.
Ahern said he, too, was unconvinced that current
technology could do the job. There are hundreds of
crossing points on the border between the Republic and
Northern Ireland, with 177,000 crossings by lorries a
month, 208,000 by vans and 1.85m by cars.
"I haven't found anyone who can tell me what technology
can manage this," Ahern said. "The only way of doing this
will be a hard border. And any kind of physical border, in
any shape, is bad for the peace process," he said.
"Psychologically it feeds badly into the nationalist
communities. People have said that this could have the
same impact on the nationalist community as the seismic
shock of the 1985 Anglo-Irish agreement had on unionists
- and I agree with that."
http://www.independent.ie/irish-news/politics/bertie-ahern-says-may-
is-putting-peace-process-in-jeopardy-35443547.html
Government snubs
flooded firms in fight for
insurance
Noonan says State can't intervene as
deluged businesses on coast struggle to
find cover

Wayne O'Connor
PUBLISHED
12/02/2017

1
Finance Minister Michael Noonan. Photo: Bloomberg
Businesses struggling to find adequate
insurance cover following last year's
devastating floods will receive no help from
the Government after Finance Minister
Michael Noonan conceded his hands are tied
on the matter.
/
Hundreds of businesses in coastal areas have been refused
insurance by companies because of calculations and
presumptions that climate change will cause further flood
damage in the future.
Many insurers say businesses are being adversely affected
by rising sea levels and so are deemed an uninsurable risk
when looking for a new policy.
Mr Noonan said this was a commercial matter that the
Government and Central Bank could not interfere with.
"This position is reinforced by the EU framework for
insurance which expressly prohibits member states from
adopting rules which require insurance companies to
obtain prior approval of the pricing or terms and
conditions of insurance products," said the minister.
"The provision of insurance is a commercial matter for
insurance companies, which has to be based on a proper
assessment of the risks they are accepting.
"This assessment will in relation to coastal communities,
in many cases include insurers' own climate change
presumptions based on their own modelling and research.
Consequently, neither the Government nor the Central
Bank has any influence over this matter."
He added that the Government had studied the risks
posed to homeowners and businesses in 90 coastal
communities around the country.
These studies, in areas deemed to face 'potentially
significant' risk, looked at the future sustainability of such
communities.
Mr Noonan said families and business also had a right to
lodge complaints with the Financial Services Ombudsman
if they felt they were being harshly treated by insurers.
"Measures to address the risks identified were set out in
draft flood risk management plans that were published in
2016 for consultation," he said.
"Also, in line with the sectoral adaptation plan for flood
risk management, prepared by the OPW under the Climate
Action and Low Carbon Development Act 2015, the
planning and design for flood defence schemes takes
climate change into account. This includes the feasible
measures being identified through the flood risk
management plans."
The minister's comments mean businesses in coastal
regions will continue to face significant challenges when
applying for insurance, just a year after hundreds of
families and firms suffered huge disruption in one of the
country's worst floods.
Irish Small and Medium Enterprises Association (ISME)
director Neil McDonnell said he was annoyed by the
Government's response to the issue.
"We are not satisfied with the hands-off approach we have
seen from government and the Department of Finance,"
he said.
He added that the very high premiums some businesses
faced could be lowered.
"Our message is that the cost of insurance is a function of
the general damages you are allowing the courts to award.
If they took a business decision to intervene in general
damages it would bring down the cost of insurance.
"Insurance companies should not be forced to insure
where there is uninsurable risk but in areas where there is
not an excessive risk people should not be paying excessive
levels for insurance.
"I am pretty annoyed with the response."
http://www.independent.ie/irish-news/government-snubs-flooded-
firms-in-fight-for-insurance-35443562.html

Exclusive: Grotesque,
Unbelievable, Bizarre,
Unprecedented New
twist in McCabe saga
revealed
Exclusive: New twist in McCabe saga,
McGuinness to make explosive claims,
Callinan: I'm advised to stay silent

Philip Ryan Twitter


EMAIL
PUBLISHED
12/02/2017

Whistleblower: Garda Sergeant Maurice McCabe Photo: Tom


Burke
Shocking new failures by Tusla are revealed
in an internal review of the Child and Family
Agency's handling of false child sex abuse
allegations against Garda whistleblower
Maurice McCabe, the Sunday Independent
has learned.
An internal audit, which has been seen by this newspaper,
found that the agency failed to contact or establish the
credibility of the alleged victim before launching a child
sex abuse investigation into Sgt McCabe.
"It is also not clear as to why a decision to proceed with the
allegation was made without the cooperation and
corroboration of the alleged victim and without having
formed some opinion with regard the credibility of the
allegation that was referred," the report states.
It also reveals that there is "no evidence on file" that the
sex abuse allegations were communicated to the HSE by
an Garda Siochana when the claims were first made in
2006. The report specifically notes that Sgt McCabe was
"not afforded fair procedures" with regard to the
allegations made against him. Tusla has since apologised
to Sgt McCabe and his family.
Meanwhile, Fianna Fail TD John McGuinness has stated
for the first time that former Garda Commissioner Martin
Callinan detailed false child abuse allegations about the
Garda whistleblower when they secretly met in a car park
in January 2014.
Asked if the new allegations match what was said to him
by Callinan, McGuinness said: "They do." However, he
refused to give further details due to the forthcoming
commission of investigation.
Maurice McCabe to sue State for 'all the
damage' done to him
Last night, Martin Callinan insisted he would not be
"engaging" publicly on the issue.
"I am in receipt of your correspondence, hand delivered to
my home this afternoon and which I received at 3.30pm, a
copy of which is attached. I have been advised that it
would be entirely inappropriate for me to engage publicly
with any matter which is the subject of commission of
investigation," he said
"In not so engaging I must point out that it is not to be
taken as agreement with the content of any matters raised
in your correspondence," he added.
It is also understood Mr McGuinness will make explosive
new claims about the alleged smear campaign during the
commission of investigation.
Last night Taoiseach Enda Kenny and Tanaiste Frances
Fitzgerald refused to say when they first heard the child
abuse rumours about Sgt McCabe which were widespread
in political circles for the past two years. The Taoiseach
and Tanaiste released almost identical statements when
asked when they heard about the allegations, which will be
the focus of Mr Justice Peter Charleton's commission of
investigation which was established last week. Spokesmen
for both said they deal with "facts not rumours".
The Independent Alliance is understood to be seriously
concerned about the controversy and has decided not to
comment until it receives a full briefing at Cabinet.
The Government is now expected to face a motion of no
confidence next week, tabled by Sinn Fein.
The audit prepared by Tusla's Sexual Assault Review Team
was initiated after it emerged a senior social worker wrote
to Sgt McCabe in December 2015 telling him he was to be
the subject of a child abuse investigation.
It has since emerged that the investigation was based on
inaccurate information which was supposed to have been
removed from Tulsa's database months before the
investigation was established.
The review also reveals that the HSE was never contacted
by gardai when a previous allegation was made against
him by the daughter of a colleague in 2006. Gardai
investigated this allegation but the Director of Public
Prosecutions ruled there was no evidence of any crime.
"There is no evidence on file that this information was
communicated to the HSE social work department at the
time by An Garda Siochana. Withstanding that, the HSE
would continue to have a statutory duty under Children
First policy to investigate all allegations of child abuse
referred to its department," the Tusla audit stated.
The same woman told a HSE counsellor in 2013 of the
same accusations she made in 2006. However, a file
compiled by the counsellor after the meeting incorrectly
suggested Sgt McCabe had "digitally penetrated" the
woman as a child.
The Sunday Independent understands the counsellor only
realised she had accused Sgt McCabe of false sexual abuse
claims after gardai contacted the alleged victim. The
woman in question told gardai she had not told the
counsellor she was "digitally penetrated" by Sgt McCabe as
was alleged in the file.
Yesterday, the HSE said the National Counselling Service
"responded immediately" in May 2014 and brought the
error to the attention of Tusla and An Garda Siochana.
"An immediate internal review of guidelines, practices and
protocols was undertaken within the National Counselling
Service to ensure that such an error would not recur," it
said.
"Appropriate training was also undertaken. Additional
supervisory procedures were put in place by the National
Counselling Service in relation to the staff member
concerned."
The Tusla audit noted there was "no evidence" to suggest
the alleged victim met a social worker after she met the
counsellor in 2013 or after the file was changed the
following year. The review said it was "not clear" why the
senior Tusla official looked at the original file rather than
the correct version amended in 2014.
The Tusla audit team offered to meet the alleged victim to
discus her allegations as part of the review. However, the
women failed to attend a scheduled appointment and later
called the agency and said she did not want to pursue the
matter further, according to the Tusla audit.

So Tusla placed information on one person into a file on a different


person in 'ERROR'. That explanation must be standard issue with
Irish state bodies when they fall under suspicion. Because the
EXACT SAME excuse was used by the Data Protection Commision in
2015, when attempting to explain how my complaint to them went
missing in their office for a whole year. Who was my Data complaint
about? Yes you guessed it, TUSLA.

Poll: In the wake of the latest


Maurice McCabe revelations,
do you have confidence in the
garda?
The HSE has today apologised unreservedly to McCabe for the
administrative error that led to an allegation against him making its way
into a Tusla file.
February 12, 17

THIS MORNING, THE HSE apologised unreservedly to


Garda Sergeant Maurice McCabe for the administrative
error that led to an allegation against McCabe making its
way onto a file held by Tusla, the Child and Family Agency.
It now seems that allegation remained on file at Tusla for
nearly two years after the initial error was made in 2014.
In what has become an increasingly murky saga the political
fallout continues apace this afternoon Fine Gael Health
Minister Simon Harris argued that the pending Charleton
Commission of Investigation into the alleged smear
campaign by the garda against Sergeant McCabe should be
allowed to run its course.

Labour leader Brendan Howlin says that a full criminal


investigation into the affair is required. And Sinn Fins
Gerry Adams went the whole hog and called for a general
election.
At present the Charleton investigation is the only show in
town. Given the pace at which this saga has evolved, that
may well change.
But has the whole affair shaken your confidence in An Garda
Sochna?
Were asking: In the wake of the latest Maurice McCabe
revelations, do you have confidence in the garda?

Poll Results:

http://www.thejournal.ie/poll-mccabe-gardai-
confidence-3234905-Feb2017/
Irish govt fears global
media coverage of political
policing, anti-austerity
activists say
Published time: 12 Feb, 2015
Russia reporting on our "Political policing"

Irelands London embassy refused to accept a letter condemning


the state's assault on anti-austerity activists while an RT
cameraman filmed on
RT.COM

Irelands London embassy refused to accept a letter


condemning the state's assault on anti-austerity activists while
an RT cameraman filmed on Wednesday. The Irish state is
fearful of "political policing" gaining global media attention,
campaigners say.
Following three days of heavy handed dawn raids on the
homes of Irish anti-austerity activists, a solidarity protest was
held outside the Irish embassy in London on Wednesday.
The demonstration was organized after 11 Irish anti-water
charges campaigners were arrested, detained and questioned
by police. The campaigners in question maintain they were
arrested on spurious grounds.
Among those hauled into police custody were socialist TD
(MP) Paul Murphy, and leftist Dublin councilors Mick Murphy
and Kieran Mahon.
All three men are public representatives of Irelands Anti-
Austerity Alliance, which has campaigned tirelessly against the
Irish governments debt repayment strategy to international
and EU creditors. Following several hours of questioning, they
were released without charge.
Other anti-water charges campaigners arrested by Irish police
include two boys aged 16 and 14. Ten officers were reportedly
dispatched to arrest the 16 year-old, while six officers showed
up at each of the remaining activists doors.
The campaigners were detained in police custody in
connection with an incident at a community demonstration in
Dublin last November involving Irelands Minister for Social
Protection. A criminal investigation regarding the alleged false
imprisonment of Minister Joan Burton at the rally is ongoing.
Burton's car was reportedly obstructed by protesters for two
hours during the demonstration while she remained seated in
the vehicle. Additionally, members of her team say they were
assaulted as police escorted them from the scene.
Irish TD Paul Murphy, who was removed from his house at
7am on Monday by police, told RT the arrests were politically
motivated, and designed to intimidate Irelands anti-water
charges movement.
The movement opposes the Irish governments recent policy
shift on water taxation. Campaigners warn the government's
water charges are a veiled austerity tax that many Irish
citizens can't afford to pay.
Murphy stressed the timing of the arrests, following the
election victory of Greeces leftwing Syriza party, is worth
noting.
We have an establishment that is scared, scared that the
lessons of Greece will be learnt, that there is an alternative to
austerity and the establishment parties can be ousted, he
said.
They focus that fear, correctly in my opinion, on the anti-water
charges movement, which is the biggest movement of protest
this state has seen in decades.
The TD for Dublin South-West said he was unsure who had
orchestrated the arrest of the political campaigners. He
suggested the call may have come from the upper ranks of
Irelands police force or the Irish government itself.
Murphy argued the primary objective was to criminalize the
anti-water charges protests, and quietly quash dissent.

Wednesdays protest outside the Irish embassy was organized


by the Socialist Party of England and Wales. Neil Cafferky, a
member of the party, told RT the arrests of political
campaigners in Ireland were designed to undermine Irelands
anti-water charges movement and wider political left.
UK campaigners who were gathered at London's Irish
embassy on Wednesday attempted to hand its staff a letter
criticising the Irish governments attack on the democratic
right to protest.
Protesters had informed the embassy of the letter prior to the
demonstration.
Embassy officials refused to accept it, however, while an RT
cameraman remained on the scene. They subsequently
accepted the letter once the cameraman had left.
The eviction of the RT cameraman from the embassy really
does show that the Irish government is not at all comfortable
with the scrutiny these arrests are attracting worldwide, a
spokesman for the protesters said.
The demonstration's organizers told RT the continued
persecution of political activists in Ireland will be met with a
wave of protest internationally.
Demonstrators have gathered in multiple rallies across Dublin
in recent days to protest against what they say is the Irish
establishment's attempt to stamp out dissent.
Dublins recent wave of dawn arrests is not the first phase of
alleged political policing to surface in Ireland.
In January 2013, socialist TD Clare Daly was arrested for
supposed drink driving. She was handcuffed outside her car,
and subsequently brought into police custody.
Following official tests, it transpired she was well below the
states legal alcohol limit. Although the incident was reported
widely in Irelands press, her name was eventually cleared and
no charges were brought against her.

The timing of Dalys arrest is significant, Irish TD Paul Murphy


said.
He said the incident occurred while she was attempting to
expose a major scandal in the Irish police force. The Anti-
Austerity AllianceTD stressed Dalys arrest was staged,
whereby she washandcuffed and pictures were leaked to the
media.
He said the arrest was a calculated move to damage her
publicly and diminish the allegations she was making about
the police.
Irelands Prime Minister Enda Kenny insists Irish police
operate independently of the states government. Probed on
the arrest and detainment of Murphy, Kenny declined to
comment. As he made his way to a ministerial meeting, he
said the issue was a matter for Irish police.
They run their operations completely independent of
Government, he said.
Irelands Minister for Public Expenditure and Reform, Brendan
Howlin, also dismissed allegations of political policing
following the arrest of Murphy. Howlin said Irelands police
force and prosecutorial system is autonomous from its
government.
I reject any notion of political interference with policing, he
said.
The guards do their job as they see it in their own light
independently. Thats the way independent proper functioning
democracies work.
Anti-Austerity Alliance TD Paul Murphy was silenced when he
attempted to raise concerns over political policing in Irelands
parliament on Thursday.
The Ceann Comhairle, responsible for chairing Irish
parliamentary debates, ruled he was out of order. Murphy's
microphone was subsequently switched off.
Prior to the arrest of Irish campaigners this week, a political
meeting in Dublin held in solidarity with Greeces newly
elected government was monitored by two members of
Irelands Special Branch police force.
https://www.rt.com/news/231783-political-policing-quash-
dissent/#.VNz3ZeWlRJU.facebook
Watchdog implicates
Garda in bugging claims
PUBLISHED
11/02/2014

3
Brendan Howlin.
GARDA Commissioner Martin Callinan is to
seek clarification from the Ombudsman
Commission after a confusing statement
from the watchdog appeared to implicate the
Garda in the alleged bugging of its
headquarters.
/
Mr Callinan said he was gravely concerned that the
Ombudsman's statement contained a clear indication that
An Garda Siochana was in some way suspected of
complicity in the matter.
This was despite the Ombudsman's overall finding that the
existence of technical and electronic anomalies could not
be conclusively explained.
After remaining silent since the bugging allegations were
published, the Ombudsman issued a statement last night
which failed to explain whether its phones and emails had
been compromised at any stage.
Speaking this morning, Public Spending Minister Brendan
Howlin said the Garda Ombudsman needs to clarify to the
public in clear understandable language if its offices were
bugged.
Mr Howlin said he was "concerned" about reports of
bugging of the Garda Siochana Ombudsman Commission
and was "anxiously awaiting" a report from Justice
Minister Alan Shatter.
"I don't know what exactly happened. I don't know what
anomalies are. Has there been bugging?" he said on his
way into the Cabinet meeting.
Mr Howlin said the public needed to know if there was a
suspicion someone was about to bug or was in the process
of bugging the offices.
"Was there bugging or was there not?"
Tanaiste Eamon Gilmore says "spying is not acceptable".
Mr Gilmore was speaking in the wake of reports of
bugging of the Garda Siochana Ombudsman Commission.
The commission said yesterday an investigation by a
British security consultancy firm had confirmed the
existence of three "technical and electronic anomalies".
But it did not say what those anomalies were and
acknowledged they could not be conclusively explained.
The commission said the anomalies had raised concerns
about the integrity of its communications security but it
was now satisfied that its databases had not been
compromised.
Commission chairman Simon O'Brien, who held a two-
hour meeting with Justice Minister Alan Shatter and later
apologised for failing to inform him about the
investigation, said later that three credible threats had
existed.
The statement also said: "There was no evidence of garda
misconduct."
This resulted in a prompt response from Mr Callinan, who
called on the Ombudsman to explain the basis for
suspecting that members of the force could be involved.
He also wanted to receive an explanation of the nature and
extent of the "anomalies"; the current view of the
Ombudsman as to who might be responsible for the
"anomalies" if it was now satisfied the gardai were not
involved; and whether it intended to call in the gardai to
carry out inquiries if the Ombudsman believed there had
been a breach of its security, or a criminal offence had
been committed.
Mr Callinan also asked the Ombudsman to state whether
any matters identified now required investigation by An
Garda Siochana.
The Ombudsman Commission is to appear before the
Oireachtas public services oversight committee tomorrow
afternoon after it was contacted by committee chairman
and Sinn Fein TD Padraig Mac Lochlainn, who had called
for a report on its claims.
The commission is expected to come under pressure to
explain whether the "anomalies" represented a genuine
bugging attempt or were simply interference with internal
communications from wi-fi services in a nearby building.
Following the weekend leak of details of the debugging
investigation by the British firm, Verrimus, the
commission said that in the course of its operations, the
commission had always been conscious of the need for
appropriate confidentiality and proper levels of security
and had brought this to the attention of staff from time to
time.
On two occasions, since it began, security experts had been
consulted and a sweep of the building undertaken.
One of those sweeps was carried out on the evenings of
September 23 to 27 last year by Verrimus, at a cost of
almost 18,000.
This investigation ended on December 17. The commission
then decided to discontinue the investigation on the basis
that no further action was necessary or reasonably
practicable.
Given the outcome of the investigation, the Ombudsman
said it recognised the need to reinforce the security of its
telecommunications systems in the light of the specialists'
advice.
"We took the difficult decision not to report this matter to
other parties," the statement added.
"We did not wish to point fingers unnecessarily and we did
not believe that widespread reporting would be conducive
to public confidence."
The Ombudsman said it took the decision not to report its
suspicions to the gardai or Mr Shatter.
"We regret that now and this was communicated to the
minister by commission chairman Simon O'Brien this
afternoon".
After the talks with Mr Shatter, Mr O'Brien told reporters
that the meeting had been "very fruitful".
FEARS
Earlier, Taoiseach Enda Kenny said in Athlone he was
concerned that the fears and subsequent investigation had
not been reported to Mr Shatter, as required by law.
He pointed out that section 80, subsection 5 of the Garda
Siochana Act, 2005, required the Ombudsman to report
unusual matters of exceptional importance to the Minister
for Justice and that was a fundamental issue that it needed
to explain to the minister.
He said it was very important that the details of what had
transpired at the Ombudsman's headquarters be made
available to the minister "for public analysis" and enable
Mr Shatter to make a full report to the Cabinet today.
Asked if it might be a resignation issue for anybody within
the Ombudsman Commission, Mr Kenny said: "I always
like to see facts, before making any further comment."
Fianna Fail's justice spokesman, Niall Collins, called on
Mr Shatter to move quickly to establish who was
responsible for the alleged surveillance.

http://www.independent.
ie/irish-news/watchdog-
implicates-garda-in-
bugging-claims-
29997109.html

New rogue garda claim is


hammer blow to inquiry
Surely the Smithwick Tribunal, which
resumes in two weeks, must be
extended to deal with this critical new
evidence, writes Alan Murray
15/08/2012
It wasn't until 1979 that the Surveyor of the
Queen's Pictures, Sir Anthony Blunt, was
publicly outed as the fifth member of the
Cambridge spy ring that the KGB dubbed its
'Magnificent Five'.
Blunt's unmasking shocked the public even though the
British establishment had known for almost two decades
that he and John Cairncross were the duo who along with
Kim Philby, Guy Burgess and Donald Maclean had
betrayed MI6's espionage secrets to the USSR.
The Smithwick Tribunal which is scheduled to resume
public sessions in under a fortnight's time is beset with its
own dilemma concerning who was the 'fourth' and
perhaps the fifth IRA spy within the Garda.
Chief Superintendent Roy McComb detonated the
equivalent of an artillery shell on the floor of the tribunal
in July just as many lawyers and Irish government
ministers were heralding its conclusion.
The consequence of the material McComb brought to
Smithwick indicating that there was a hitherto
unsuspected fourth garda who helped the IRA around the
time Chief Superintendent Harry Breen and
Superintendent Bob Buchanan were ambushed and
murdered has rocked relatives and lawyers alike.
For Judge Peter Smithwick the implications of Chief
Superintendent McComb's five pieces of intelligence
delivered at the last stage of the Tribunal's public hearings
are immense.
One analogy that John McBurney the lawyer for the Breen
family uses is that of the final day of evidence during a
murder trial when a prosecutor announces that he has
more witnesses who may give evidence which does not
entirely point to the accused being the perpetrator of the
crime but insufficient time remains to hear their evidence.
"There is no conceivable way that this tribunal can be
concluded now without more detail being given, if not in
public but to the tribunal's lawyers at the very least, by the
PSNI about the 'fourth' garda. Whatever the financial and
time constraints that have been placed upon the tribunal
by the minister Alan Shatter, what Roy McComb brought
to the tribunal must be defined and the conclusions
presented and tested in public", he said.
The implications of there being a fourth rogue garda
hitherto unexposed or undetected by the Garda
Commissioner is huge.
Earlier during the Smithwick proceedings there was
reference to what may be another bent garda who within
Tribunal circles is referred to as the 'Monaghan Garda'.
It's not known if the Monaghan reference indicates the
officer's county origin, or his station or work area base,
nor is it known if this officer is the officer specifically
referred to by Roy McComb when he appeared at
Smithwick in July.
If the Monaghan Garda is not the retired garda officer
referred to by the chief superintendent then there were
five garda at least based around the border who during the
1980s are alleged to have assisted the IRA.
Whether the tribunal resumes its task of interviewing
witnesses like Chief Superintendent McComb remains
unclear but it is imperative that the existence of the fourth
suspected rogue garda and perhaps a fifth is explored.
That may necessitate the recalling of many Garda officers
who served along the border who have already given
evidence and who might be advised to arrange legal
representation before they are brought before Judge Peter
Smithwick again.
Those who have given evidence to Smithwick have
immunity from prosecution in the Republic in relation to
matters of a criminal nature they disclose in which they
may have been directly involved. But there is no immunity
from criminal proceedings if a witness is deemed to have
committed perjury.
Where the PSNI obtained this information indicating a
fourth rogue Garda officer so far unmasked is an
intriguing analysis for another day. Chief Superintendent
McComb's bombshell has created a major headache for the
tribunal, the Garda Commissioner and the Irish
government.
GSOC investigate Garda
Feb 14, 2014
Garda Commissioner Martin Callinan has said he's satisfied
that the force didn't bug the offices of GSOC.

Speaking alongside Justice Minister Alan Shatter at an event in


Templemore today, Callinan said:

"I want to unequivocally state that at no stage was any


member of the Garda Sochna Ombudsman Commission or
any of its members under surveillance by An Garda Sochna."

"That was not the case and I relayed that to the Chairman of
the Garda Sochna Ombudsman Commission when he came
to see me last Tuesday and the Chairman in turn assured me
that having carried out their investigations that there were no
matters of concern arising for An Garda Sochna".
hmmmmmmmmmm nothing?????
https://www.youtube.com/watch?v=2x7qGdMVW-E
Translation service brings
legal action against Garda
Commisioner's after
interpreter contract
awarded to rivals
PUBLISHED
13/04/2015
1
High Court judge Mr Justice Brian McGovern
A translation service has brought a legal
challenge to the Garda Commissioner's
decision to award a contract for the supply
of language interpretation services to a
number of rivals.
Gardai require interpreters when dealing with non-
English speaking people and has used Word Perfect
Translation Services since 2007 including under a
Department of Justice and Law Reform framework
agreement for such services.
Word Perfect says earlier this year, following a tendering
process, the Garda Commissioner awarded the contract for
translation services to Forbidden City, trading as
Translation.ie, Upper Ormond Quay, Dublin; Language
Training and Translating Ltd, t/a Context, Oranmore, Co
Galway; and to Natalia Cotov, t/a Accord Translations,
Oldtown, Co Dublin.
Word Perfect says this has been done in breach of EU
public procurement regulations.
It also claims conflict of interest in Ms Cotov's Accord
Translations getting the contract because she is married
to, or is the civil partner of, a Garda Mick Byrne who is the
son of former Garda Commissioner Pat Byrne.
Word Perfect says the current Commissioner failed to
exclude Ms Cotov's company from the competition or, at a
minimum, failed to ensure the alleged conflict or potential
conflict was removed. Alternatively, there was a failure to
explain how the conflict was removed.
Word Perfect is seeking orders under EU public
procurement regulations that the award of the contract be
set aside and/or permanently suspended. It seeks that
Word Perfect instead be appointed or alternatively a new
tendering process should take place.
It says the contract is worth 5m over four years. It
provides for face-to-face interpretation services in all
garda divisions though not over-the-phone interpretation.
The case was admitted to the Commercial Court on
Monday (April 13) by Mr Justice Brian McGovern, on
consent between the parties.
Word Perfect says in awarding the contract to the rivals,
the Commissioner failed to comply with EU regulations
and general EU law including by failing to provide
adequate reasons for the decision to select the preferred
bidders.
It is also claimed there was a failure to treat all bidders
equally and that Word Perfect was discriminated against.
The decision to award the contract to the rivals was taken
in breach of Word Perfect's legitimate expectation, it says.
In affidavits, Word Perfect's chief operation officer, Agim
(Jimmy) Gashi, says there were a number of serious flaws
in the tender process.
He also says the Department of Justice framework, under
which the service was previously provided, was a very
competitive way of procuring services and ensured the
best available price is obtained for the State.
This is in contrast to the way the Garda Commissioner is
currently procuring services which does not involve a
competitive process and results in the payment of "over-
inflated and historic prices", he says.
http://www.independent.ie/irish-news/courts/translation-service-
brings-legal-action-against-garda-commisioners-after-interpreter-
contract-awarded-to-rivals-31138930.html

As Dil descends into


chaos, the end of this
sorry story has never
looked further away

Mandy Johnston Twitter


PUBLISHED
11/02/2017
Garda Commissioner Nirn OSullivan (left) with Justice Minister
Frances Fitzgerald Photo: Colin O'Riordan
There is enough whistle-blowing going on in
Dil ireann to challenge the halcyon days
at the Mancunian rave venue the Hacienda.

Initially, we had garda blowing whistles on each other.


Not to be outdone, members of the fourth estate entered
the fray - with journalists blowing whistles on their
journalistic colleagues.
All whistles were being blown in the direction of
politicians in the hope that elected representatives will
raise the matter in Dil ireann under the protection of
privilege, provoking political and public outrage.

http://www.independent.ie/opinion/columnists/mandy-johnston/as-
dil-descends-into-chaos-the-end-of-this-sorry-story-has-never-
looked-further-away-35441687.html
Why PSNI should look to
summer of '69 if they
hope to beat dissidents
In seeking to curtail the influence of
paramilitaries, police must remember
that it's easier to act from a position of
strength than weakness, writes
Malachi O'Doherty
PUBLISHED
09/02/2017


Battle ground: a policeman on Percy Street after riots in


September 1969
Whenever commentators and politicians
discuss the likelihood of the return of
political violence to Northern Ireland, they
tend to say the same things. The conditions
are not the same now. Nationalists are no
longer a minority discriminated against. The
leadership of militant republicanism has
redirected the energies of the movement
towards politics.
Much of unionism is more secular-minded. It is no longer,
for instance, essential that a minister should be a member
of the Orange Order. And, aside from these things, many
other changes have made life more comfortable and less
stressful.
1
Unemployment isn't as high as it was when the last round
of Troubles erupted in the late-1960s. Most homes now
have central heating, so it is always easier to sit at home
than to go out on the street to warm yourself up with a
riot. And cheap flights and city breaks have given us access
- for the time being - to a big, open Europe.
But there is one crucial factor in the collapse of order in
Belfast and Derry in 1969 which is back with us.
Successive public inquiries located the varied contributory
factors to violence, but pointed to one huge failing in the
state - and that was the inadequacy of the police force, the
Royal Ulster Constabulary.
Throughout the 1960s, there had been warnings. One was
a massive riot - largely lost to the history books - in 1964,
when Linfield supporters returning from Windsor Park
across the Falls Road ran amok.
On Easter Tuesday that year, after beating a Catholic team,
Distillery, hundreds of men returning to the Protestant
Shankill Road spilled over into side-streets off the Falls
Road and clashed with the police and attacked and
taunted Catholic residents.
The fact that the Linfield supporters felt safe crossing the
Falls Road at all illustrates a culture and climate of the
time which is virtually incomprehensible today.
Five years later, there would be a peace line erected by the
Army, a permanent barricade to separate these
communities, each for its own safety from the other.
The RUC City Commissioner, Graham Shillington,
witnessed the eruption of the riot and told his men later
that he would not have believed it could have flared up so
quickly had he not seen it himself.
There was further rioting in September that year after
police removed an Irish tricolour from Republican Party
campaign offices at 145 Divis Street.
The display of the flag was illegal, but even the police
officer in charge in the area, later Chief Constable Jack
Hermon, said the flag was set back from the window and
only visible to passers-by "in a wholly Catholic area",
therefore, by implication, unlikely to cause offence.
Jack Hermon described how the police were almost
overwhelmed. He had had to organise his men to form
battle lines and throw stones back at the rioters.
Accounts of later riots often made much of the fact that
police lost control and behaved chaotically and brutally,
but the core reality was that they were ill-equipped and ill-
trained and that there was no reasonable excuse for this
other than that their pliant leaders assured the
government of the time that they could cope, when plainly
they could not.
In that September riot, one constable got a foot caught in a
drain from which the metal grating had been removed and
was attacked by the mob, but was rescued by a group of
older residents in Percy Street.
When Hermon visited one of those residents to thank her
a few days later, he discovered that her family was
republican and that her husband had served time for
possessing ammunition. He hadn't known. He hadn't been
briefed.
It's a small, but telling, example of the lack of
preparedness for what would follow.
Yes, there were lots of panic stories about how the IRA was
training for another uprising, but these were only told to
political effect. No one really believed them.
And when the balloon went up in August 1969, the police
misread and mismanaged the violence. They thought they
were faced with an Easter Rising-type revolt. They were
spooked by the sound of their own guns.
Police in Donegall Pass police station crouched inside their
building, believing that they were under fire, though they
weren't.
And the Army was sent in to restore order, because the
RUC had been thrown into disarray by a couple of dozen
IRA men, only a few of them armed, and hundreds of
young people with petrol bombs.
Their masterplan for dealing with the riots was to deploy
Shorland armoured cars, with Browning machine guns
mounted on them. These had been built for open-field
combat on the border, the idea being that they could scoot
along country roads and fire over hedges.
Their first outing was in Divis Street; their first casualty a
nine-year-old boy.
If you want to assess the danger of all this recurring in
some form, then you can take assurance from the political
progress, if you like, and the paltry campaign of the
dissident republicans, but you cannot take comfort from
the present state of policing.
The most important lesson learnt from that period has
been lost and forgotten. What if the police had managed
well enough in August 1969 and had not panicked into
using machine guns against civilians? The trauma that
took 30 years to work itself out of our system might never
have arisen.
But both the IRA and the police thought they were fighting
again in the style of 1964. And they were wrong.
The IRA had guns and used them, never believing that the
police would strafe the whole road with tracer fire. But
they did, because they couldn't think of anything else to
do.
On Tuesday, the Belfast Telegraph reported on failings
within the policing of Belfast. We reported claims by a
senior officer that local people have given up on
expectations that the police will deal with crime and are
now turning to republican dissidents.
The Belfast Telegraph photographer Kevin Scott, asked on
Twitter how he manages to get to incidents before the
police, replied: "It's a bit hard not to be there first when it
takes them a day to get there."
A concerned officer said that there were three problems
facing the police in their efforts to deal with crime: they
lacked the resources they need; response times are
delayed; and the police are nervous about the danger of
being attacked by dissidents.
They should be nervous. The danger is real.
But it can only grow if the police aren't up to the task of
curtailing paramilitaries.
It is not always a strong police force that resorts to
extreme violence. The past shows that brutality was the
more likely resort of a weak one.
http://www.belfasttelegraph.co.uk/opinion/news-analysis/why-psni-
should-look-to-summer-of-69-if-they-hope-to-beat-dissidents-
35435242.html

THE CORRUPTION OF AN GARDA SOCHNA


Written by Greg McInerney
Feb 15th 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.
Garda Commissioner to meet
with GRA over cuts
The committee will meet with Callinan at Garda Headquarters in Dublin
this morning at 11am.
Feb 20th 2013

GARDA COMMISSIONER MARTIN Callinan is due to meet


with the central executive committee of the Garda
Representative Association (GRA) today to discuss the
impact of proposed cuts on the force.
The committee will meet with Callinan at Garda
Headquarters in Dublin this morning at 11am. Speaking
ahead of the meeting, President of the GRA, John Parker
told TheJournal.ie that members have asked the association
to convey their dire financial circumstances to the
Commissioner and see what he has to say.
Were looking for him to state that the level has been
reached as regards morale, he said. You need petrol in the
tank just as much as you need morale in your belly.
On Monday evening, members of the GRA attended the 24/7
Frontline Alliance rally where Parker said the Commissioner
and Minister Alan Shatter will have seen the turnout as
regards numbers.
The minister will have seen last night the issues discussed
and the calls for him to make a special case, he said. There
has to be some kind of recognition for the work that our
members do. Theres only a certain level they can take
before the risks arent worth taking and the job isnt worth it
anymore, so we push back.
Despite calls from Shatter for the groups representing garda
to return to talks on the Croke Park Agreement, the GRA has
maintained that it will not negotiate on any proposals to cut
pay.
Plans are now in place for industrial action by garda, to
start this Friday, which would see them turn off the
goodwill tap if the government pushes forward with
its proposals.
http://www.thejournal.ie/garda-commisioner-gra-meeting-800918-
Feb2013/
Journalist of the Year, Michael Clifford story
about the alleged bugging of the Garda
Ombudsmans Office.
Irish Examiner journalist Michael Clifford has scooped two awards,
picking up the gong for Story of the Year and Journalist of the Year
at the Tonight With Vincent Browne Political Awards 2014.
Mr Clifford won the honours for his outstanding coverage of the
garda whistleblowers scandal and its epic fallout, including the
resignation of garda commissioner Martin Callinan and justice
minister Alan Shatter, as well as thought-provoking articles on the
Cooke report examining alleged bugging of the Garda
Ombudsmans Office.
Irish Examiner editor Tim Vaughan described Mr Clifford as a
tenacious journalist a singular talent and a more than worthy
winner of the awards.
There is no one as talented as Mick for getting to the heart of the
matter, said Mr Vaughan. His capacity for analysis and for setting
out his stall in simple and eloquent terms is quite unique. He writes
with clarity and is utterly accessible. That is why our readers love
him, and equally, why many in positions of power fear him.
The awards were presented last night on Tonight with Vincent
Browne. The winners were picked by a panel comprising MEP
Luke Ming Flanagan, broadcaster Marie Louise ODonnell and
UCD lecturer Marie Moran.
Nirn OSullivan defends
closure of Garda stations
Policing Authority told new bureau seized 36m of drugs
and 36 weapons in first year
Mon, Apr 25, 2016, 14:54 Updated: Mon, Apr 25, 2016, 20:57
Fiona Gartland

Garda Commissioner Nirn OSullivan at the Policing Authority meeting for


discussions about community safety.
The Garda Drugs and Organised Crime Bureau arrested
more than 200 people in its first year of operation, the
inaugural public meeting between the new Policing
Authority and An Garda Sochna was told on Monday.
Commissioner Nirn OSullivan told the authority the
unit, amalgamated from the garda national drugs unit
and the garda organised crime unit in March 2015, also
seized 36 million worth of drugs and 36 weapons,
including AK47s and Makarov pistols.
She defended the closure of Garda stations around the
country. Garda focus was on engaging rather than on
bricks and mortar, she said. The closures had been
compensated for by higher visible presence in
communities, she said, including through the use of
clinics in communities, and increased patrols.
We are making sure our people are out, engaged, as
opposed to sitting behind desks, she said.
Deputy Commissioner Donal O Cualin, also speaking at
the meeting, said in the west of Ireland, a region he was
previously in charge of, there had been by and large, a
trouble free transition in many areas where stations had
closed.
Speaking on road deaths, Assistant Commissioner John
OMahoney said there had been 50 so far this year,
which was 50 too many. He said they hoped to bring the
numbers down to 120 annually by 2020.
He also told the meeting, since January, there had been
40,000 speeding detections and 2,000 seatbelt
detections. He conceded that the number of breath tests
had reduced, but there had still been 1,833 detections of
drink driving in the first three months of the year,
compared to 1,765 for the same period last year.
The meeting also heard 17,000 people had applied to the
force during the most recent recruitment drive for
garda, down from 24,000 applications at the last round,
in 2013.
Asked about recruitment among minorities, the
commissioner said the most recent campaign reached
out to all communities, and people from the LGBTI
(lesbian, gay, bisexual, transsexual and intersex)
community had been encouraged. She said there were 26
per cent of the force were women, but did not elaborate
on any targets to increase that figure.

The meeting was told research, undertaken by the garda


analysis team, had found 85 per cent of people trust
garda. It also found there was 70 per cent satisfaction
with garda. Women showed a slightly higher level of
satisfaction, and satisfaction increased with age. The
group showing lowest satisfaction, at 64 per cent, was
aged between 18 and 24 years.
The Garda Commissioner said the research showed trust
in garda had been consistently high over the last four
quarters.
The first public meeting between the authority and
garda, at the Royal Hospital Kilmainham, in Dublin,
focussed on community safety. Members of the authority
asked questions based on the objectives and initiatives
set out in Priority 3 Community Safety of the Garda
Sochna Policing Plan 2016.
At the opening of the meeting, chairwoman of the
authority, Josephine Feehily, described the meeting as
historic and said it was not an investigation, and she
did not expect the garda team to have every possible
fact and figure at their fingertips.
It is also important to say that oversight and
accountability ought not be seen as focussing principally
on fault-finding, she said.
She said there were few public services more important
than effective policing for the well-being of society, for
community confidence and for security of the State.
The authority, which was established on January 1st this
year is to hold at least four public meetings with garda
each year.
Members of the public can apply to attend and the
meetings will also be webcast live on the authoritys
website policingauthority.ie.
http://www.irishtimes.com/news/crime-and-law/nir%C3%ADn-o-
sullivan-defends-closure-of-garda-stations-1.2623867
Garda commisioner Nepotism or worse?
google_ad_section_end
google_ad_section_start The Garda has always been rife with
nepotism and cronyism and it looks like its continuing. After
the disgraceful behaviour of Shatter et al, one would assume
that a modicum of well, even basic ethics would ensue but of
course having proved herself useless as a Minister for Justice,
Francis Fitzgerald, who demonstrably was only appointed as a
safe pair of hands who would never rock the boat I doubt if
any action will be taken Worse with echos of the party Fine
Gael most aspire to i.e. Fianna Fail it now appears that
journalists phones are being bugged What a lovely little
country to trample on Democracy in!
Garda chief ill advised to put husband
on probe team
Friday, July 24, 2015
by Juno McEnroe and Jimmy Woulfe

Commissioner Nirn OSullivans actions have been called


into question amid separate concerns that journalists
phones are being bugged by the force.
It emerged yesterday the garda chief appointed her
husband, Det Supt Jim McGowan, to a team investigating
alleged leaking of information to journalists. Based in the
Dublin Metropolitan Region, he was assigned to the inquiry
under a chief superintendent.
A probe is examining how certain information about Roma
children was given to the media.
Asked at the Garda College in Templemore if there was a
conflict of interest over appointing her husband, Ms
OSullivan defended the decision. She said it was well
known her husband was a detective superintendent,
adding: Any role that he carries out in An Garda Sochna
is in that capacity.
The appointment sparked criticism from TDs, who raised
questions as to whether it was the correct decision, given
the recent controversies in the force.
Independent TD Thomas Pringle said: It is mind-boggling
nepotism by the commissioner. It is clear that those who
should know better have learned nothing over the last few
years.
There is not much hope of change in our society if the
powers that be see nothing wrong with these type of
decisions.
However, a garda spokesman asserted: Theres no
conflict of interest.
Social Democrat founder Catherine Murphy said she was
taken aback by the commissioners decision and described
it as ill-advised.
Its questionable to be appointing someone as close as
that, she said. That is not going to add to her
credentials.
Health Minister Leo Varadkar said any such appointment
should be based on a qualification.
Garda chief 'ill advised' to put husband on probe team | Irish
Examiner
The Garda commissioner has been criticised for making an ill-
advised decision by appointing her husband to investigate
leaks to the media from garda.Commissioner Nirn
OSullivans actions have been called into question amid
separate concerns that journalists phones are being
bugged by the force. It emerged yesterday the garda
chief appointed her husband, Det Supt Jim McGowan, to
a team investigating alleged leaking of information to
journalists. Based in the Dublin Metropolitan Region, he
was assigned to the inquiry under a chief
superintendent.
A probe is examining how certain information about
Roma children was given to the media.
Asked at the Garda College in Templemore if there was
a conflict of interest over appointing her husband, Ms
OSullivan defended the decision. She said it was well
known her husband was a detective superintendent,
adding: Any role that he carries out in An Garda
Sochna is in that capacity.The appointment sparked
criticism from TDs, who raised questions as to whether
it was the correct decision, given the recent
controversies in the force.Independent TD Thomas
Pringle said: It is mind-boggling nepotism by the
commissioner. It is clear that those who should know
better have learned nothing over the last few years.
There is not much hope of change in our society if the
powers that be see nothing wrong with these type of
decisions.
However, a garda spokesman asserted: Theres no
conflict of interest.
Social Democrat founder Catherine Murphy said she was
taken aback by the commissioners decision and
described it as ill-advised.
Its questionable to be appointing someone as close as
that, she said. That is not going to add to her
credentials.
Health Minister Leo Varadkar said any such appointment
should be based on a qualification.
http://www.irishexaminer.com/ireland/garda-chief-ill-advised-to-put-
husband-on-probe-team-344336.html
Garda officers free
to raise problems
says acting Garda
Commissioner
Noirin OSullivan
Noirin OSullivan said it had been a very
difficult month for the men and women of
An Garda Siochana
4 APR 2014
Former Garda Commisioner Martin Callinan and acting Garda
Garda Commisioner Noirin O' Sullivan (Photo: Collins Photo Agency)
Acting Garda Commissioner Noirin OSullivan today told
whistleblowers within the force: Dissent will not be
seen as disloyalty.
Ms OSullivan, who has stepped into Martin Callinans
shoes after his forced resignation, said Gardai will deal
with members who want to raise issues in a very
different way.
She said it had been a very difficult month for the
men and women of An Garda Siochana and she wanted
to send a message to them that everyone would be
listened to.
Ms OSullivan said: In any large and complex
organisation such as An Garda Siochana, there are
people out there every day who know what the issues
are on the ground and for me, I feel very strongly that
dissent should not be seen as disloyalty.
If somebody has something to say, if somebody wants
to bring something to our attention, they may not
always be right but what they see and what they say
can act as a catalyst for change and continuous
improvement.
Ms OSullivan was appointed interim Commissioner
after the retirement of Mr Callinan last month.
The former Commissioner was drawn into public
controversy when he described two whistleblowers as
disgusting.
Mr Callinan made the comments about Maurice
McCabe and John Wilson, who blew the lid on the
penalty points saga.
Asked if she agreed with her ex-boss, Ms OSullivan said
the use of the word was unfortunate.
She said: I think it was an unfortunate use of the word
disgusting. In any organisation as large and complex as
an Garda Siochana, there will be people who will
identify issues they want to bring to our attention.
I believe those people should be supported and we
need to have mechanisms in place to ensure they can
bring them forward.
Sergeant McCabe has been stripped off his access to
Pulse and any attempt to access the Garda system is
supervised.
Garda Wilson has retired from the force but said his
good name has been dragged through the mud by the
controversy.
Ms OSullivan said the former Commissioner had a
personal opinion in relation to the matter and he was
entitled to that opinion.
She said there was a review underway to give Mr
McCabe full access to the Pulse system and she
couldnt comment on that process.
The top cop, who will become the first female
Commissioner if kept on as boss, refused to be drawn
on the revelation phone calls in Garda stations were
illegally recorded for over 30 years.
Commisioner OSullivan said she could not comment
on the damning findings because of the impending
Commission of Investigation.
She said: The Commission of Investigation has been
established; while I would like to give you more detail, I
dont want to in any way infringe on the Commission of
Investigation that has been established.
Ms OSullivan said the claims that gardai attempted to
destroy the tapes would be explained in the fullness of
time.
The interim Commissioner admitted the public and
members of the force are concerned about the recent
revelations.
She said the force was going through difficult times
but were determined to do what they do best - tackling
crime.
She said: We will not take our eye off the target.
Speaking at a Garda graduation ceremony,
Commissioner OSullivan added: It has been a very
difficult few months for An Garda Siochana.
It is important to say focus is on servicing and
facilitating tribunals and Commissions of Investigations
we have to work with.
We have teams fully engaged in that around the clock.
It is important we reassure the public despite all the
things that have been going on, we are fully committed
to engage and support in communities in the excellent
work we do.
The men and women of an Garda Siochana every day
and every hour of every day are out working with those
communities to ensure people are fully protected and
safe.
Justice Minister Alan Shatter did not attend the event
because of a backlog of work in his Department.
http://www.irishmirror.ie/news/irish-news/garda-officers-free-raise-
problems-3375552

Minister's letter
'far from
satisfactory'

A letter received by Longford County Council from the


Department of Justice and Equality has been blasted as a
disgrace and gobbledegook by Cllr Peggy Nolan.
The correspondence was made in response to letters sent
by the council to Justice Minister Frances Fitzgerald and
Garda Commissioner Nirn OSullivan relating to the
vacant Garda Superintendent position in Granard.
In the letter from the Tnaiste and Minister for Justice, its
pointed out that the Garda Commissioner is responsible
for the distribution of all resources, including personnel.
This allocation of resources is constantly monitored in the
context of crime trends, policing needs and various
operational strategies in place on District, Divisional and
Regional levels to ensure optimum use is made of Garda
resources and the best possible Garda service is provided
to the public.
The letter also revealed that as of September 30, 2016,
the Garda strength in the Roscommon/Longford Division
stood at 297, and was managed by one Chief
Superintendent and three Superintendents.
Plans to increase the Garda workforce by 2021 was
outlined, before the letter concluded by saying; The
Tnaiste remains committed to ensuring that An Garda
Sochna continue to provide a modern, professional and
fit-for-purpose policing service.
Responding to the Tnaistes letter, Granard Municipal
District Councillor PJ Reilly said; She [Minister Fitzgerald]
done everything but answer our question about the
replacement of the Superintendent in Granard, which is
vacant for the last three to four months.
At the end of the letter, she referred the issue to the
Garda Commissioner Nirn OSullivan, so were awaiting a
response from her now, Cllr Reilly continued, suggesting
a second letter be sent to the commissioner, an action
which was supported by Cllr Paul Ross.
The letter was far, far from satisfactory and I would urge
that a letter be sent straight away to the Garda
Commissioner, Cllr Ross agreed.
Stating that the issue affected the entire county, Cllr
Peggy Nolan fumed; It has to be brought home to the
Minister, to the powers that be, that Longford is not going
to sit back and have any position that delivers safety left
vacant for any amount of time.
Describing the lack of superintendent as a retrograde
step, Cllr Nolan hit out at the Ministers response.
The letter was a disgrace. The letter was gobbledegook.
The letter said nothing, and it was how many pages? So
its an insult to this council.
A member of the Joint Policing Committee, Cllr Martin
Mulleady suggested that local Garda staffing numbers be
discussed at the next JPC meeting.
I would be concerned with the levels of staffing that we
have within our county at any one time, he said.
The discussion was ended by Cllr PJ Reilly, who added; I
just want to compliment Inspector Padraig Jones in
Granard who is carrying the can there for Superintendent.
THE GARDA SOCHNA'S FIRST UN
MISSION
http://policehistory.com/un.htm
Callinan: No legal action over PAC's
summoning of whistleblower

29/01/2014
Garda Commissioner Martin Calllinan has said he won't take
legal action over plans by the Public Accounts Committee
(PAC) to hear from a Garda whistleblower.
In a statement this lunchtime Commissioner Callinan said that
despite his reservations about the matter, it was "not in the
public interest" for the Garda to pursue legal proceedings
against an Oireachtas committee.
It comes after the committee decided to call in a garda
whistleblower Maurice McCabe to discuss allegations senior
officers were involved in routinely and corruptly wiping fixed
penalty notices for motoring offenders, prompting
Commissioner Callinan to threaten to seek a High Court
injunction to prevent this.
However that threat receded threat following Justice Minister
Alan Shatters decision to refer allegations of abuses in the
penalty points system to the Garda Sochna Ombudsman
Commission (GSOC).
The PAC has also agreed to meet Mr McCabe, a serving
Garda sergeant, in private tomorrow.

"While I continue to have reservations about this matter, I note


that the meeting will be held in private," Commissioner
Callinan said.
"I note too that it appears to be the intention to confine the
questioning of the person concerned and, in particular, that
person will not be able to make allegations against his
colleagues or members of the public."
The garda chief also pledged to co-operate fully with the
GSOC investigation.
"Ultimately, I believe that the investigation that the Minister for
Justice, Equality & Defence has asked the Garda Sochna
Ombudsman Commission to undertake is the proper manner
in which to investigate the allegations that have been made
and the circumstances surrounding them," he said.
"An Garda Sochna will, of course, co-operate fully with that
investigation and will learn any lessons there are to be learned
when that investigation has concluded."
Commissioner Callinan also said he had "every respect for the
role of the PAC", thanking its chairman John McGuinness "for
the courtesy he has shown me in dealing with this difficult
matter".
A public hearing last week was told of fresh claims that more
than 200 senior Garda officers inappropriately and in most
cases corruptly wiped penalty points from driving licences.
The whistleblower with around 30 years experience told
TDs that his life, career and family have been destroyed by the
scandal.
The row escalated as Mr Callinan branded the claims
disgusting and concerns were raised that the parliamentary
body was overstepping its remit.
Earlier this week, Mr Shatter stepped in to refer the
controversy to the Garda Ombudsman as a matter of public
interest.
The Justice Minister claimed he did not have the power to take
the unusual step until it had become political.
http://www.breakingnews.ie/ireland/callinan-no-legal-action-over-
pacs-summoning-of-whistleblower-621170.html

Mick Wallace: Garda Commissioner 'doing


so much damage' to Garda
06/10/2016
Garda Commissioner Noirin O'Sullivan is doing "so much
damage" to the Force which is in "turmoil", the Dil has heard
today, writes Daniel McConnell of the Irish Examiner.
Revelations in this week's Irish Examiner once again
dominated Leaders' Questions today in the Dil, where
Tnaiste Frances Fitzgerald came under serious fire over the
scandal.
Independents4Change TD Mick Wallace, in a very heated
exchange, pleaded with the Tnaiste to remove the
Commissioner from her position.
Mr Wallace said he and his colleague Clare Daly have met
with the two whistleblowers who made the latest Protected
Disclosures and said the Commissioner has failed to end the
persecution of whistleblowers in the force.
"The force is in turmoil... she is doing so much damage," Mr
Wallace said.
In response, the Tnaiste said that while details of the
disclosures are in the public domain, she is precluded by law
from commenting.
She also said that those involved are entitled to due process
and she would not be rushing to judgement.
In response to Sinn Fein's Mary Lou McDonald, the Tnaiste
said the Commissioner is entitled to her full confidence.
Ms Fitzgerald said that she would not be slow to establish a
full inquiry into the allegations should it be merited.
Fianna Fil's Charlie McConalogue began by asking the
Tnaiste to state whether it was true that the two people
behind the disclosures are likely to refuse to cooperate with
any pending inquiry.
In response, the Tnaiste said she could not comment.
Minister for Public Expenditure and Reform Pashcal Donohoe
has expressed his "full confidence" in Garda Commissioner
Noirin O'Sullivan, writes Elaine Loughlin of the Irish Examiner.
The Taoiseach Enda Kenny told the Dil that a judicial-led
inquiry may now be established by the Government into the
allegations, following the reports.
Speaking in Dublin this morning, Mr Donohoe said Tnaiste
and Justice Minister Frances Fitzgerald is now looking into the
latest allegations.
He added: "I have full support and confidence in the
commissioner Noirin O'Sullivan, she has made cleaar her
clear desire to tackle all of the cultural issues in relation to
whistle-blowing and all of the issues that has generated in
recent years. I fully accept that.
"We are making progress in that area but I know we have
more progress to make and the Tnaiste and Minister for
Justice is now fully considering the issue that she became
aware of under legislation that we brought in and will be
making a determination on the right course of action on that
soon."
http://www.breakingnews.ie/ireland/mick-wallace-garda-
commissioner-doing-so-much-damage-to-gardai-758090.html

Garda whistleblower a 'decent, honourable


man'
06/10/2016

One of the whistleblowers at the centre of a Garda scandal


has been called a "decent, honourable man".
Retired Detective Sergeant Alan Bailey said the senior Garda
who claims he was involved in alleged efforts to discredit a
previous whistleblower, feels it is his duty to expose distasteful
practices in the force.
The Garda Commissioner Noirn O'Sullivan has denied any
knowledge of the incident and wants it investigated at the
earliest opportunity.
However, she is now facing calls to step down.
Retired Garda Alan Bailey said the latest whistleblower is
credible.

"He's a decent, honourable man. I imagine he has come


forward because he feels it is his duty as a serving member
(of the Force). The allegations are very distasteful and I can
see why a man would come forward."
A judicial-led inquiry looks set to be established by the
Government into the allegations, following reports this week in
the Irish Examiner that senior garda engaged in a campaign
to destroy and crush a whistleblower within the force.
Taoiseach Enda Kenny has told the Dil a judge is likely to be
appointed to investigate the allegations.
Amid calls for her resignation in the Dil yesterday, Garda
Commissioner Nirn OSullivan (pictured) insisted she was
not privy to nor approved of any action designed to target
any Garda employee who may have made a protected
disclosure.
She said she would condemn any such action.

http://www.breakingnews.ie/ireland/garda-whistleblower-a-decent-
honourable-man-758039.html
Clare Daly tells Garda Commissioner her
authority was 'undermined' by
whistleblower allegations
12/10/2016
Crisis-hit Garda Commissioner Noirin O'Sullivan has insisted
she is "not privy to, nor would I approve, nor would I condone"
any targeted campaign by officers to silence whistleblowers in
the force, write Fiachra Cionnaith of the Irish Examiner.
Ireland's most senior garda made the comment at the start of
a high-profile Dil meeting this morning in which Ms O'Sullivan
was told if she did not know about the scandal her authority
has been completely "undermined" as the incidents were
"going on behind your back".
The Garda Commissioner has also rejected claims of
nepotism under her leadership of the force.
She denied suggestions about the roles of her husband and
her bridesmaid.
"It isnt the case I promoted my bridesmaid. I didnt have a
bridesmaid," she told the Oireachtas Committee on Justice
today.
Speaking at the start of a meeting with the Oireachtas justice
committee, whose members include outspoken whistleblower
advocates Mick Wallace and Clare Daly, Ms O'Sullivan was
repeatedly asked about her knowledge of the crisis at the
heart of the garda.
The questions came after superintendent and former garda
press officer David Taylor alleged he was part of a campaign
against whistleblower sergeant Maurice McCabe which he
claims was orchestrated by the highest levels of the force.

Maurice McCabe.
Separate allegations have also been made that a handful of
whistleblowers have been subjected to abuse within the force
and targeted due to speaking out over what they say are
serous issues within the garda.
However, faced with controversy - which is now the subject of
a six-week independent review by retired former High Court
judge Iarflhaith O Neill - during early questioning, Ms
O'Sullivan repeatedly said she is "not privy to, nor would I
approve, nor would I condone" any attacks on whistleblowers.
Asked directly by Fianna Fil justice spokesperson Jim
O'Callaghan if she was "aware of any effort by An Garda
Sochana to subject whistleblowers" to ill-treatment, Ms
O'Sullivan said she had no first-hand knowledge of such
alleged attacks.
The garda commissioner refused on seven separate
occasions to clarify how she responded to separate
whistleblower concerns from garda Kevin Harrison, whose
issues are not currently the subject of the independent review
by Judge O'Neill.
When asked about the matter and to clarify how many
whistleblowers have contacted her, she said she was "not in a
position" to address the issue and repeated she is "not privy
to, nor would I approve, nor would I condone" any campaign
against them.

Ms Daly said if this is true the garda commissioner did not


know about the scandal then her authority has been
"undermined" because the incidents of targets those who
speak out have been "going on behind your back".
Fellow Independents4Change TD Mick Wallace subsequently
asked if the garda commissioner is aware of any
whistleblowers or TDs being put under surveillance or phone-
tapped because of the controversy, to which Ms O'Sullivan
said there are strict rules in terms of surveillance matters.
Despite Mr Wallace heavily criticising Ms O'Sullivan as "things
are much as they were" since she took over from Martin
Callinan two years ago, the garda commissioner said there
were "factual inaccuracies" in the claims and that "if I painted a
pretty picture it's not all pretty in the garden yet".
Sinn Fin justice spokesperson Jonathan O'Brien also grilled
Ireland's most senior garda on the whistleblower controversy,
asking bluntly if she has "considered stepping aside
temporarily" while the issue is investigated.
However, Ms O'Sullivan said her only focus is on where the
force is going and that she has no intention of stepping aside,
adding all whistleblower claims will be "fully and appropriately
investigated".
The Commissioner also told the Oireachtas justice committee
she believes how protected disclosures are dealt with needs to
change.
Ms O'Sullivan said: "The professional expert can help us to
review our internal structures, our internal policies and our
approach to things.
"If there are areas that we can strengthen, we are very open to
strengthening those.
"But perhaps it is time for a consideration to be given to some
type of an independent entity where all of these issues go to,
and that people can have some reassurance that there is
somebody independently looking into all of these matters."
http://www.breakingnews.ie/ireland/clare-daly-tells-garda-
commissioner-her-authority-was-undermined-by-whistleblower-
allegations-758986.html
Six more Garda whisleblowers about to
make revelations: Clare Daly
10/11/2016
Six more Garda whistleblowers have or are about to come
forward.
Independent TD Clare Daly told the Dil today that she has
been in contact with the whistleblowers.
She also said the judge-led review of allegations by two senior
garda of an orchestrated smear campaign had not made
contact with the whistleblowers and it is to report next week.
Deputy Daly said more allegations are about to be made.
"Myself and Deputy (Mick) Wallace have met with a further six
serving members of An Garda Sochna who have all either
made protected disclosures or are on the verge of doing so,"
she said.
She added others who had made protected disclosures,
including but not limited to names in the public domain had
experienced a "horrendous nightmare" since speaking up.

Public asked for feedback on draft Code of


Ethics for Garda
22/08/2016
The public is being asked for its views on a new Code
of Ethics for Garda.
The Policing Authority has drawn up a Draft Code of
Ethics for An Garda Sochna, including a duty of
speaking up - stemming from a primary loyalty to the
public.
The Authority has clashed with the Garda
Commissioner over the treatment of whistleblowers by
the force.
Among the recommendations in the Code of Ethics is
that Garda would not engage in bullying behaviour on
social networking sites.
Misuse of the Garda Pulse system is also singled out as
a possible violation of the code.
Responses to the consultation can be made via email
to info@policingauthority.ie and should be received no
later than close of business on Friday, September 23.
The Authority will be holding a consultation event on
Thursday, September 8 from 10am to 12.30pm on
September 8 at Chartered Accountants House, 47-49
Pearse St, Dublin 2.
http://policingauthority.ie/Website/PA/PolicingAuthorityWeb.nsf/page/
DCMY-ACMEFX1136388-en/
$File/Draft_Code_of_Ethics_for_Consultation.pdf

Tnaiste defends
Justice Minister and
Garda
Commissioner
ahead of release of
report into the
penalty points
controversy
By radiokerrynews -
12th March 201
The Tnaiste has defended the Justice Minister and
Garda Commissioner ahead of the
publication of a report into the penalty points
controversy.

The review by the Garda Inspectorate is expected to


recommend that the power to quash penalty points is
removed from local garda. Garda Whistleblower John
Wilson says Minister Alan Shatter and Commissioner
Martin Callinan should resign on foot of the findings.
Tnaiste Eamon Gilmore says the Justice Minister will
act upon the reports findings. And he says the Garda
Commissioners position is safe:[audio_player
src=http://media.radiokerry.ie/mediamanager/embed/a
udio/19692/medium/]
Garda museum opens in
Dublin Castle

Independent.ie Newsdesk Twitter


EMAIL
PUBLISHED
13/12/2016 | 02:30


2
Assistant Commissioner, Jack Nolan beside a former Garda Car, a
Vauxhall Victor 1973, which was on display at Dublin Castle before
the opening of the new Garda Museum detailing the history of the
force. Photo: Damien Eagers
A new Garda Museum officially opened at
Dublin Castle last night tells the story of
policing in Ireland from the era of night
watchmen to high tech CSI investigators.
:
Garda Commissioner Nirn O'Sullivan cut the ribbon at
the entrance to "a treasure trove" of fascinating items from
the history of the garda and its predecessors.

Garda Commissioner, Noirin OSullivan with Dara Lynne Lenehan,


museum designer at the opening of the new Museum. Photo:
Damien Eagers
She was taken on the museum tour by its curator, Garda
Sergeant Martin Drew and museum designer Dara Lynne
Lenehan.
Keeping the peace in turbulent times features strongly in
the exhibitions with stories of baton charges in the 1913
Lockout in Dublin, upheavals of the 1916 Rising and the
burning of police barracks in the War of Independence.
A decision to keep the new force completely free of politics
meant garda were not allowed to vote until 1959. Mutinies
by police are also featured. The 88 garda who died while
on duty are honoured too.
Weapons seized from criminals were on display, including
a crossbow, a sawn-off shotgun, and a Kalashnikov rifle.
Ms O'Sullivan (above right, on the tour) said the museum
"showcases the tremendous contribution An Garda
Sochna has made to this country and its people".
"It also shows how An Garda Sochna's strong focus on
working closely with communities has remained the
same," she said.
An earlier policing museum housed in a medieval tower in
the castle closed some years ago due to unsatisfactory
conditions.
http://www.independent.ie/irish-news/garda-museum-opens-in-
dublin-castle-35289408.html
"Nuns in convents baked bread to help the poor.
Families survived on 5 shillings. One pound of
butter was 1.
Courts Martial Trials of the " by
Myles Dungan in Richmond
Barracks @ 7pm 19th Oct
2016.

A Garda hat from 1922


Girls selling shamrocks on a Dublin street, 1916
Sgt Che Heron of (who is the Great Grandson of
#1916 Leader James Connolly) visiting Pearse
Street
Custom House on fire. Fire tacked by Auxiliaries.
DFB arrive - spread out and take paraffin to spread
fire.
TARA STATION DFB fire crew of
DFB in 1921. Includes Austin
McDonald (West Mayo IRA),
Martin Buckley and Joe
Connolly
They are in danger of running out of judges to run
commissions of enquiry at this stage. Still, the beaks are
making a few bob and the barristers are raking in
MILLIONS ... (even Jim O'Callaghan must be considering
quitting politics for the more lucrative C. of E. business).
When all the commissions of enquiry are done - around
the year 2050, everybody will be happy. And mostly dead!
Noirin O'Sullivan knew about the McCabe allegations in
2014.
Guess it's the usual Deny , Deny , Deny when you get
caught out
O SULLIVAN TOLD JOURNALIST MET ABUSED GIRL

OSullivan told
journalist met
abused girl
John Mooney
February 12 2017, 12:01am,
The Sunday Times

The former head of the garda press office says he


texted Nirn OSullivan to say a journalist had
interviewed a woman making unsubstantiated
allegations of sex abuse against Maurice McCabe.
The message, sent in February 2014, is said to be
proof the commissioner was aware of a smear
campaign orchestrated by force management.
The garda commissioner has denied the allegation
made by David Taylor, a superintendent she
suspended for passing sensitive information to
journalists almost two years ago. Taylor says
OSullivan responded to his text message by saying
perfect.
Taylor has also claimed he and his garda superiors
discussed stories written by journalist Paul Williams
in the Irish Independent in which the woman was
quoted as demanding an investigation into an
unidentified garda, now known
http://www.thetimes.co.uk/article/osullivan-told-journalist-met-
abused-girl-b5vwmckhf
STATE CRIMES AGAINST INNOCENT PEOPLE HAS IRELAND ON A PAR
WITH DESPOT DICTATORSHIPS: It would not happen in a functioning
democracy. It would not happen in a civilised society. It would not
happen in a country which genuinely upholds basic internationally
recognised human rights. But it does happen in Ireland on a regular
basis. It happens in our police stations. It happens in our court
rooms, especially in the top secret family courts. It happens in our
Child Protection Agencies as a matter of course. What is that IT that
we are writing about here, we hear you ask? The IT is criminality
being perpetrated with impunity against the people of this country
by powerful and unaccountable organs of this state. There is NO
oversight and NO PUNISHMENT available to those who get caught,
so the incentive for state bodies and their employees to abuse the
human rights of the people of this country is massive. When Tusla
can provide the excuse of 'error' in describing the reason for
effectively placing an innocent man's name on it's own sex
offender's register, we then are in no doubt how evil that agency is.
Social Workers tell lies as a matter of course every day in court
rooms and on legal documents. It is almost as that conduct is part of
their training. They tell lies with smiles on their faces in order to
destroy families to feed the lucrative foster care industry which pays
345 per week per foster child. They, in many instances, target the
children of good parents while ignoring children gravely at risk from
bad parents. For those in doubt that children at risk are being
ignored by Tusla and the Gardai, just spend a little time around Bus
Aras in Dublin City Centre, especially around the Luas stop which is
outside Store Street Garda Station. In that area there are people in
control of infants in buggies while out of their heads on heroin and
alcohol in broad daylight. The foster care industry does not want
such vulnerable children. And the adoption industry certainly does
not want them. This latest scandal surrounding Ireland's so called
child protection system and law enforcement has been known by
many people for a long time. It has been known by those families
affected by such corruption, where those who stand up to corrupt
organs of the state can expect Social Workers at their doors as a
matter of course. For Tusla's chief Gordon Jeyes to come out circling
the wagons yesterday denying that there was collusion between his
agency and the Gardai was a dead giveaway that there IS collusion
between his agency and ALL other state bodies whenever such
collusion is convenient. How can Mr. Jeyes confirm that no collusion
exists? How could he have such knowledge since Thursday night's
Prime Time investigation? How could he have issued such a
definitive statement in such a short period of time since the
previous night's revelations? Once we see an immediate denial from
an Irish state body of something which they have not yet being
accused of, then we should be suspicious. Nobody in politics or
media had at that stage suggested there was any collusion between
Tusla and the Gardai. So why circle the wagons? The course of
justice has been perverted by those responsible for serving this
country. Which means nobody will ever be held accountable or be
brought to justice. Ministerial or other resignations will mean
nothing. They will be just replaced with the same old again. A
frightening thought for anyone believing that we live in a society
governed by justice, democracy and decency
Brendan Howlin and the Anglo Tapes
Jul 1, 2013
Members of Rage against the Regime (RAR) Today lodged
requests at the department of finance regarding the Anglo
Tapes. On exiting the building they encountered Minister
Howlin. Derek from Dublin Says NO recorded (RAR) Who tried
to question the Minister. Mr Howlin tried to grab the camera
and refused to speak to us. So much for being a voice of the
people Mr Howlin!
https://www.youtube.com/wat
ch?v=u4IHEOjHNiA
The pretentious little shit that is the little runt, leader of
the #SelloutLabour would have us believe he is fighting
corruption.
He was in government when theb stories of the whistle
blowers first broke. He didn't fucking nothing just like
when he was pressed on the Anglo Tapes by Vincent
Salafia , Paul Madden and myself. In fact rather than
answer a simple question the little shit tried to pull the
camera from my hand.
Howlin in opposition is just a populist prick using the
Whistle blower scandal to further his party. He doesn't give
a damn about the truth. He is electioneering from
someone's misfortune
Journalist shocked by anti-
Irish abuse over Telegraph
article
June 20, 2014

By Niall O Sullivan

AN IRISH journalist has spoken of his shock after


an article he wrote online was met with anti-
Irish abuse.
Angry Telegraph readers took to the internet to
abuse Irish people after Padraig Reidy wrote an
article on its news blog saying he was supporting
anyone but England in the World Cup.
While some commentators lined up to say immigrants
who dont like England should leave, others expressed
explicitly anti-Irish sentiments.
Spoken as a true mick. Stay home, paddy. We dont
need or want your grudging support. Line up with us
wholeheartedly or stay out, wrote one reader under
the screen-name William Law.
Another said: Its a hot day and Paddy walks into a
bar and asks for a pint of lager and lime. How much
lime would you like Paddy asks the barman. Just a
shovelful says Paddy.
A third wrote: Shouldnt you be out in the garden
tending your potatoes?
Mr Reidy, who has also written for the Guardian and
the Irish Times, told The Irish Post he was very
surprised by the reaction to his article.
It was a fairly light-hearted piece and I would have
happily taken people having a go at me personally,
but the tone it took in terms of generalising about Irish
people is quite worrying, he said.
It turned very quickly from addressing the article to
general go-back-where-you-came-from-style abuse.
Mr Reidy added that he was particularly shocked by
comments from one reader, who suggested Irish
people were to blame for the decline of Britain and
warned against employing people from Ireland.
The commentator, using the alias oldman, said:
Interestingly the decline of the British nation began in
the 1840s with the first wave of mass immigration
from Ireland. Since then, the more immigrants we
have, the greater the decline of Britain.
Another reader replied: But never have our drives
been so well tarmacked [sic.]
Oldman responded by saying: Then you are very
lucky. Never never never employ anyone who cold
calls and speaks with an Irish accent. And the police
wont help. I have been through that misery.
Despite being taken aback by the tone of the
discussion, Mr Reidy said he did not want to see the
Telegraph take down any of the comments.
It is good to know that these sentiments exist, to be
honest, and censoring them wont make them go
away, explained the 36-year-old, who often writes
articles defending freedom of expression.
I wouldnt say that the Telegraph or any other
website should censor anybodys views unless they
are genuinely trying to incite violence.
Mr Reidy said none of his previous work had been met
with anti-Irish abuse during his 16-year career.
But he added that he had previously encountered anti-
Catholic abuse.
What you tend to get, especially when you write
about the Catholic Church, is a sense of lingering anti-
Catholic sentiment, he said.
I think that still exists and is unacknowledged in
Britain.
The Irish Post has asked the Telegraph for comment
but did not receive one.

They have destroyed my family - Maurice McCabe after


TUSLA blunder led to false child rape allegation put into
his file
A counsellor notified child and family agency and
horrendous claim ended up on whistleblower's file, which
was then sent to Gardai

BYNIALL MOONANCORMAC O'SHEA


07:37, 10 FEB 2017UPDATED09:55, 10 FEB 2017
NEWS

False claims destroyed my family...Garda Sgt Maurice


McCabe (Photo: Gareth Chaney Collins)
466
SHARES
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Child and family agency Tusla accidentally put child rape
allegations into a file on Garda whistleblower Maurice
McCabe, it emerged last night.

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.

Under pressure...Garda Commissioner Noirin O'Sullivan


(Photo: Stephen Collins/Collins Photos)
The new development comes following allegations in the
Dail by Labour's Brendan Howlin that Garda Commissioner
Noirin O'Sullivan contacted journalists saying Mr McCabe
was facing a sex abuse rap - which she denies.
RTE's Prime Time last night revealed that the Tusla file was
widely circulated in 2013 although 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 today's 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 programme.

Blunder...child and family agency Tusla


Responding to the extraordinary blunder, Fianna Fail's
Dara Calleary said McCabe had been failed by the State.
Minister for Children Katherine Zappone is under pressure
to explain why she failed to inform Cabinet colleagues
about false sex abuse allegations against whistleblower
Sgt Maurice McCabe.
Terms for an inquiry into an alleged garda smear
campaign are set to be extended after a fresh political
crisis engulfed the Government over how Sgt McCabe was
treated.
Meanwhile, RT has reported a second case of a Garda
whistleblower who claims they were referred to Tusla as
part of a campaign of harassment involving garda. Justice
Minister Frances Fitzgerald was allegedly told of a child
protection referral for the garda whistleblower last
October, made by his garda superiors.
Ms Zappone is facing mounting questions about why she
did not tell Cabinet colleagues about a Tusla file with false
child sex abuse allegations against Sgt McCabe. She said
it would have been inappropriate to brief colleagues on
the issue.
The child and family agency said it was giving Sgt McCabe
an apology, after it emerged the file was on its database
for two years without his knowledge.
Rocked by the further grievances against Sgt McCabe, the
Government said the Tusla blunder would specifically be
included in the commission of investigation. The Cabinet
will discuss this next week, before a Dil vote on the terms
on Thursday.
However, a series of accusations and questions now face
Ms Zappone and Ms Fitzgerald. There are questions about
how much the ministers knew and shared about the false
allegations after Sgt McCabe met Ms Zappone last month.
Ms Zappones spokesman said yesterday that she met Sgt
and Mrs McCabe on January 25, after becoming aware of
the Tusla file the previous week.
A statement added: 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.
But the justice minister, overseeing the terms for the
inquiry, said she was only told of the two meeting and not
any details on confidential Tusla records.
The terms of the inquiry also specifically referred to a
complaint of criminal misconduct against Sgt McCabe and
whether this allegation was used against him, added a
statement.
Taoiseach Enda Kennys spokesman also said he only
became aware of the false Tusla accusations on Thursday
night, when they featured on an RTE Prime Time
programme after earlier being published by the Irish
Examiner.
The minister made the Taoiseach aware she was in
contact with Sgt McCabe but no detail was discussed, he
said.
The growing questions, though, concern how Mr Kenny led
his Cabinet meeting last week without being informed
about the Tusla false sex claims against Sgt McCabe. It is
also unclear why Mr Kenny and Ms Fitzgerald would not
have asked Ms Zappone what she was meeting Sgt
McCabe about, or why.
The opposition has been especially critical of the justice
ministers denials to the Dil that garda had interacted
with other agencies in relation to Sgt McCabe.
Ms Fitzgerald said she would have been criticised if she
had made public the Tusla allegations.
Nonetheless, Sinn Feins Mary Lou McDonald asked
whether Ms Fitzgerald had misled the Dil by not
mentioning the Tusla file.
The Tnaistes office denied this and said that she, too,
had only first become aware of the Tusla allegations on
Thursday night. Ms Fitzgerald had not been briefed by the
childrens minister and had only been told about Sgt
McCabe meeting with Ms Zappone on the morning of
January 25, said sources.
Ms Fitzgeralds spokesman said that she was not closed
to the notion of now including the Tusla allegations in the
forthcoming Charleton inquiry.
But several sources insisted last night that Tusla would
now be specifically referenced in the inquiry.
Fianna Fil leader Michel Martin asked how alarm bells
had not gone off in Government when Ms Zappone learnt
of the Tusla allegations.
His party colleague, TD John McGuinness, went further and
said a criminal investigation was now needed. He also said
Garda Commissioner Nirn OSullivan should stand aside
while the inquiry is ongoing and he would seek party
support for this. Mr McGuinness said the Tusla apology had
been delivered to Sgt McCabes elderly neighbour, rather
than him.
Ms OSullivan refused to comment on the Tusla revelations
or how garda used the agencys information.
Sergeant Maurice McCabe finds it hard to believe false
claims made against him arose from an honest mistake in
how the case was processed, but social work experts have
not ruled out the possibility that this weeks revelations
simply highlight systemic issues in how such cases are
handled.
Thursdays dramatic developments exposed how the
garda whistleblower found himself receiving a letter from
Tusla in January last year about the allegation which
stated: We will have to decide if you pose a risk to
children. There are two key questions: who made the
clerical error which set off the false allegation, and when?
In August 2013, abuse allegations were made by a young
woman to a counsellor, who then contacted Tusla and the
garda. According to one senior social worker who spoke to
the Irish Examiner yesterday, the error the attaching of
a false accusation of serious abuse against Sgt McCabe
could have been made at this point.
It could have been something as simple as the counsellor
making more than one referral at the same time. Or typing
up notes from a pad incorrectly. Or cutting and pasting an
allegation from a different case under the name of Sgt
McCabe.
What seems less likely, according to the social worker, is
that the error was input later after the initial referral to
Tusla, mainly because if a standardised referral form was
used, it tends to not be changed once received by Tusla.
Another social worker Joe Mooney, who is now based at
the Unesco Child & Family Research Centre at NUI Galway,
said even a phone referral would have resulted in the
counsellor subsequently sending in a written referral.
While everything is speculation until the gaps are filled in,
he proposed that the initial error might have been made
by a counsellor and that the second error was made by
Tusla in not completely closing off the file when it deemed
in 2014 that the false accusation was due to a clerical
error.
It seems like this is a complete coincidence but it exposes
a monumental failure, he said. Given the huge caseloads
faced by social workers, those involving retrospective
allegations can go to the bottom of the pile. Despite
seeming to draw a line under the allegation in 2014, the
file still found its way to a social worker who then sent Mr
McCabe the letter just over 12 months ago.
And he asked: How many other cases are being fumbled
like this?
No mention of Noreen O'Sullivan etc on RTE News page for
last 24 hours!!!
Passing by Dail Fri night. I decided to pull in the plump
Political Police boy hoping he's a sound version (they do
exist?). "Noreen's a bold girl!?!" He stated 'we all make
mistakes.' I let this go & stated Gardai have lost the
support of the public. 'It could be worse, it could be
Germans (police), who use battons.' I said in any other
country the politicians would be shot for what they are
doing, homelessness etc. Big boy saw a programme on
Tv3 (years ago) where reporter acted as homeless &
collected "100." I confirmed this is not the norm &
average homeless is not a drug addict but a person who
lost their job or / & home. He was not convinced! His pay
increase in recent negotiations was 'pennies.' I confirmed
protesters saved him money coz Water Charges
suspended! He not like protesters! No talking to the boy!
He decided conversation was over. He / they do not like
their own people! Text book from Mary Lou on Morning
Ireland. They did not dare interrupt coz they are involved,
gave Noreen air time before to affect Maurice McCabe!
Scot Fred Mc Bride, CEO TUSLA, definitely knows more!
TUSLA take children from families across Ireland & get well
paid for arranging 'their care' elsewhere! See Anti
Corruption Taskforce! Our Left politicians must speak up,
out, nail Noreen, Frances, Katherine, Edna etc! Get them
out & new election asap!

FALSE SEX ALLEGATION


AGAINST MCCABE
CIRCULATED BY TUSLA
FOLLOWING CLERICAL
ERROR
THURSDAY, FEBRUARY 09, 2017
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 Examiners
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 OSullivan 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 OSullivan 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 McCabes name among the media with
unfounded allegations.
He will examine nine issues including whether
Commissioner OSullivan knew about it or if she played
any part in directing it.
The Commissioner said Judge Charleton will get full
cooperation from the force.
Whistleblower Sgt Maurice McCabe has said a false
allegation of sex abuse circulated by Tusla, the child and
family agency, has destroyed his family.

It has emerged that the file containing the false allegation


of abuse was opened by Tusla and circulated to garda in
2013. However, no effort was made to substantiate the
claim.
The abuse allegations were made by a young woman in
August 2013 to a counsellor, who then contacted Tusla
and garda. However, Sgt McCabe was neither contacted
nor made aware of the allegations.
In 2014, Tusla admitted a mistake had been made and
attributed the false accusation to a clerical error.
It was only last year that Sgt 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.
Speaking to the Irish Examiner, Sgt McCabe said the whole
affair had left his family distraught.
They have destroyed us, he said. I find it hard to
believe that it was an honest mistake.
Even though the sex abuse allegation was on file in 2013
and 2014, Sgt McCabe was not contacted about either its
existence or the discovery that the allegation was
completely false.
How can I and my family be on the system [in Tusla] since
2013 and not be told about it, he said. The first I knew
about any of this was when I was contacted about that
horrendous allegation last year.
Major questions remain as to how the allegation came
about, how it was processed by both the garda and Tusla,
and why Sgt McCabe was never informed about it.
The allegation surfaced during a period when Sgt
McCabes claims of malpractice were causing major
political and Garda-related controversy.
The allegation was known among senior management
within the force. According to the file on the matter, an
internal memo in Tusla on June 4, 2014, recorded the
following: 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 commissioner in relation to the
case.
It is unclear the extent to which Garda Commissioner
Nirn OSullivan was aware of the allegation or the
subsequent discovery of a major error. However, as the
head of the force, she should have been informed and she
should have been obliged to inform Sgt McCabe of the
development.
At no point in the process was Sgt McCabe informed about
what had occurred, 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 nor
was he informed by the commissioner, his employer,
about the error after May 2014.
It is as yet unclear whether the whole affair was as a result
of gross error and incompetence or whether there were
attempts to deliberately smear Sgt McCabe with the abuse
allegation.
Even if incompetence was at fault, the failure to inform Sgt
McCabe is inexplicable.
He only became aware of the issue when he was
contacted by a social worker in Tusla in January last year
about the allegation. He was told he would have to be
interviewed.
We will have to decide if you pose a risk to children, the
letter said.
The social worker who sent the letter was operating off the
initial allegation and was not aware that a correction had
been made.
The revelations put in context the rumours and
propaganda that has been swirling around Sgt McCabe
since he brought forward his claims of malpractice in the
force.
On Wednesday, Labour leader Brendan Howlin told the
Dil that he had been contacted by a journalist who told
him he had direct knowledge of Ms OSullivan briefing
journalists that Sgt McCabe was responsible for sexual
crimes.
Ms OSullivan has denied spreading the allegations of sex
crimes against Sgt McCabe.
In a statement issued later on Wednesday, she said she
was surprised by claims of her involvement in a smear
campaign targeting Sgt McCabe and insisted it was the
first time she had heard the accusation.
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,
said Ms OSullivans statement.
Mr Justice Peter Charleton has been appointed to lead an
inquiry into the allegations that senior officers attempted
to blacken Sgt McCabes name.
Justice Minister Francis Fitzgerald has agreed to broaden
the terms of reference of the inquiry following heated
exchanges in the Dil.
Opposition parties and a government backbencher
repeated calls for Ms OSullivan to step down. However,
she maintains the full support of the Government.
Speaking in Poland, Taoiseach Enda Kenny said there was
no prima facie evidence or no indication of any
wrongdoing of any kind by the Garda Commissioner, and
she was fully entitled to the support of the Government
while a commission of inquiry investigates allegations
against her.

Who exactly will carry out this full Criminal Investigation ?

Labour leader Brendan Howlin says that a full criminal


investigation into the affair is required. And Sinn Fins
Gerry Adams went the whole hog and called for a general
election ......

Please have your vote counted by clicking on the journal.i


e and vote....

Poll: In the wake of the latest Maurice McCabe revelations,


do you have confidence in the garda?
Scandals overshadow everything else
for An Garda Sochna
details the litany of headline-grabbing incidents involving
An Garda Sochna over the past number of years.
February 12, 17

Theyve risked breaking the law to go on strike, tackled


the bloodiest gangland war ever seen in this country and
lost two of their members to vicious murders.
Yet when it comes to headlines for An Garda Sochna
these past few years, scandal eclipses everything else.
During the most shocking days of the Morris Tribunal
hearings, it would have been hard to imagine things
getting worse. This was a tale of faked evidence, false
allegations, intimidation of those who tried to speak out,
blind eyes turned by senior members indiscipline run
riot.
However, as Morris was issuing his report in 2008
perhaps even inspired by the hope that the tribunal would
change the culture in the force Maurice McCabe was
raising for the first time his concerns about botched
criminal investigations in the Cavan-Monaghan division
and was learning very quickly that his observations were
not welcome.
The efforts he made to have the failings he witnessed
addressed, and the extent to which senior figures sought
to silence him, only began to be hinted at in 2012 when
the penalty-points fixing scandal emerged.
Over two years there were separate inquiries into that
scandal by Garda HQ, the Comptroller and Auditor
General, the Public Accounts Committee and the Garda
Inspectorate, each concluding in one way or another that
the force had questions to answer.
In return, the treatment of Sgt McCabe and fellow
whistleblower John Wilson worsened and in January 2014
Commissioner Martin Callinan labelled them disgusting
at a PAC hearing he had wanted to block Sgt McCabe from
attending. His comments cause a political row and public
furore.
By March, Callinan was gone, having taken retirement
but his departure, preceded by a late night visit to his
home by a senior civil servant sent by the Taoiseach,
caused unease and led to the setting up of the Fennelly
Commission.
Fennelly wasnt just looking at irregularities in the ending
of a police chiefs career, however, but also the
simultaneous revelation that phonecalls in Garda stations
had been routinely recorded for years, flouting solicitor-
client confidentiality.
However, that wasnt all. It emerged that GSOC, the Garda
complaints body, had brought in security experts over
suspicions that its premises was being bugged. The
inference was that only garda could have carried out such
surveillance, but an inquiry by Judge John Cooke, found no
such evidence although he said the sophistication of
modern bugging equipment meant it could not be ruled
out.
Meanwhile, those issues Sgt McCabe had tried to raise in
2008 had emerged again. A litany of examples of flaws,
failures and flouting of basic procedures in criminal
investigations, including a murder, they led to the
appointment of barrister Sean Guerin to carry out a
scoping exercise to see if a full inquiry was warranted. It
was, and the OHiggins Commission was set up.
So just to recap, the line-up of scandals by mid-2014 was
penalty-points fixing, abuse of whistleblowers, potential
abuse of power in the sacking of a Garda commissioner,
illegal recording of citizens phone calls, possible bugging
of the Garda complaints body and shocking failures in
criminal investigation in the Cavan-Monaghan division.
There followed at the end of 2014 a Garda Inspectorate
report on criminal investigation by the force generally
which showed shockingly poor standards in training,
management, supervision, procedures, resourcing and
attitudes. That should have signalled that whatever was
left to come from the outstanding inquiries needed to be
published, accepted and addressed without delay so that
attention could return to the business of policing.
However, the publication of the Higgins Report, and
particularly the leaking of selective parts of it where
questions about Sgt McCabe were raised before release of
the full report which backed Sgt McCabe, ensured that
scandal would dominate the agenda once again.
It emerged this was just the latest, and not the worst,
attempt to blacken the whistleblower. Through the
protected disclosures of former Garda press officer David
Taylor, the ONeill Report and now the setting up of the
Charleton Commission, we know theres another very
unsavoury chapter ahead.
http://www.irishexaminer.com/viewpoints/analysis/scandals-
overshadow-everything-else-for-an-garda-siochana-442674.html
Thanks for calling Katherine' -
Frances Fitzgerald has torrid
time of it explaining her role in
Tusla saga
The Minister insists she had no knowledge of Tuslas involvement in the
Maurice McCabe saga before last Thursdays Prime Time broadcast.
February 12, 17

Frances Fitzgerald
Source: RT
FRANCES FITZGERALD INSISTS that the first she knew of
the ongoing Tusla scandal regarding Sergeant Maurice
McCabe was when the story was broadcast on RTs Prime
Time last Thursday.
A clearly flustered Fitzgerald has undergone a torrid
interrogation session on RTs The Week in Politics, but has
stuck to her guns and insisted that her story is the truth.
Katherine Zappone telephoned me on the day she was
meeting Maurice McCabe, 25 January, I remember
distinctly taking the call, she said.
I said thanks for calling Katherine, and that was it.
Obviously I wasnt going to say yes or no, it wasnt my
business, that was the conversation I had with her.
Asked directly was she aware that Tusla had kept a false
allegation of sexual impropriety against McCabe on file for
nearly two years after it had been debunked, she replied no
I wasnt aware of that.
As Minister Zappone has clarified, she would have said
something (at cabinet) if she felt it needed to be said, she
said.
Asked why, as Minister for Justice, she had not followed up
on Zappones meeting with McCabe, who has been at the
centre of the whistleblower scandal for over three years,
Fitzgerald said:
I was respecting the integrity of her meeting with him
(McCabe). Maurice McCabe has been subject to an awful lot
of hassle. I did not know the facts as they emerged.
Independent TD Clare Daly replied that she was struck
dumb by Fitzgeralds assertions.
Clare Daly
Source: RT
The protected disclosure of Dave Taylor (former head of the
Garda Press Office) contained this information regarding
the child sex allegation. The idea you hadnt heard of it prior
to Prime Time is laughable, she said.
It was a protected disclosure, you dont discuss such
disclosures in detail, Fitzgerald replied.
Incompetence
Fianna Fils Justice Spokesman Dara Calleary said: You
honestly expect us to believe that you didnt even say to
Minister Zappone how did that meeting go?
Yes, because its the truth, Fitzgerald replied.
Thats incompetence, said Calleary.
Labour TD Alan Kelly then said that he finds the story
incredible in terms of someone who has sat at cabinet and
knows how it works.
Ill tell you why. I have been contacted by another
whistleblower who sent 13 letters to the Minister for Justice
and in October last year he outlined how he had serious
concerns with Tusla.
If Minister Zappone contacted Minister Fitzgerald in terms
of Maurice McCabe, did alarm bells not go off in terms of
another whistleblower making contact regarding Tusla? Did
you not join up the dots?

Alan Kelly
Source: RT
I cannot investigate protected disclosures as Deputy Kelly
knows very well, said the Fitzgerald.
I was respecting the whistleblower and the integrity of the
meeting, Katherine Zappone said if it needed to be brought
to my attention she would have told me.
Its the truth, you can keep saying its not credible all you
like. I have never put in the public arena any issues that
would be damaging to Maurice McCabe. If I had information
about Tusla, why would I withhold it? What good would that
do me? she asked.
It is quite obvious that cabinet has broken down and that
Fine Gael are trying to throw Katherine Zappone under a
bus, Kelly replied.
http://www.thejournal.ie/frances-fitzgerald-the-week-in-politics-
3235988-Feb2017/
EXTRACT ""After the bankers and politicians managed to
collapse the economy, the rest of us - in Michael Noonan's
words - "took one for the team" (the team being the
European banking system). Throughout the recession, the
wealthiest retained their position. The occasional poor
dear had to go to the UK and have a few pints while
waiting for the bankruptcy clock to run down.
More important - all the structured inequalities and
unfairness survived untouched. The hidden subsidies for
the well-off remain in place, as do the obstacles for those
born in the wrong area.
The sick and the poor are as afflicted in 2017 as they were
in 2006. And we have little reason to believe the
emergency department corridors won't be clogged with
trolleys a decade from now.""
Bertie Ahern says May is
putting Peace Process in
jeopardy

Wayne O'Connor
PUBLISHED
12/02/2017

Former Taoiseach Bertie Ahern Picture By David Conachy


Former Taoiseach Bertie Ahern has accused
UK leader Theresa May of putting the peace
process in jeopardy.
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In an interview with the Observer, Ahern said that the
British government appeared to have resigned itself to
establishing a border between the north and south once
the UK leaves the EU - with potentially devastating results.
"May seems to be switching her language," he said. "She's
saying not that there'll be no border, but that the border
won't be as difficult as to create problems. I worry far
more about what's going to happen with that.
"It will take away the calming effects of an open border.
Any attempt to try to start putting down border posts, or
to man it in a physical sense as used to be the case, would
be very hard to maintain,. It would create a lot of bad
feeling."
In its Brexit white paper published last month, the UK
stated its aim to have "as seamless and frictionless a
border as possible between Northern Ireland and Ireland".
The British secretary of state for exiting the EU, David
Davis, has suggested that the arrangements between
Norway and Sweden could be a model to copy, where
CCTV cameras equipped for automatic number-plate
recognition are in place. However the European
parliament's Brexit negotiator Guy Verhofstadt appears to
scorn such a model, given that there would need to be
customs checks and restrictions on free movement.
Ahern said he, too, was unconvinced that current
technology could do the job. There are hundreds of
crossing points on the border between the Republic and
Northern Ireland, with 177,000 crossings by lorries a
month, 208,000 by vans and 1.85m by cars.
"I haven't found anyone who can tell me what technology
can manage this," Ahern said. "The only way of doing this
will be a hard border. And any kind of physical border, in
any shape, is bad for the peace process," he said.
"Psychologically it feeds badly into the nationalist
communities. People have said that this could have the
same impact on the nationalist community as the seismic
shock of the 1985 Anglo-Irish agreement had on unionists
- and I agree with that."
http://www.independent.ie/irish-news/politics/bertie-ahern-says-may-
is-putting-peace-process-in-jeopardy-35443547.html
Exclusive: Grotesque,
Unbelievable, Bizarre,
Unprecedented New
twist in McCabe saga
revealed
Exclusive: New twist in McCabe saga,
McGuinness to make explosive claims,
Callinan: I'm advised to stay silent

Philip Ryan Twitter


EMAIL
PUBLISHED
12/02/2017
Whistleblower: Garda Sergeant Maurice McCabe Photo: Tom
Burke
Shocking new failures by Tusla are revealed
in an internal review of the Child and Family
Agency's handling of false child sex abuse
allegations against Garda whistleblower
Maurice McCabe, the Sunday Independent
has learned.
An internal audit, which has been seen by this newspaper,
found that the agency failed to contact or establish the
credibility of the alleged victim before launching a child
sex abuse investigation into Sgt McCabe.
"It is also not clear as to why a decision to proceed with the
allegation was made without the cooperation and
corroboration of the alleged victim and without having
formed some opinion with regard the credibility of the
allegation that was referred," the report states.
It also reveals that there is "no evidence on file" that the
sex abuse allegations were communicated to the HSE by
an Garda Siochana when the claims were first made in
2006. The report specifically notes that Sgt McCabe was
"not afforded fair procedures" with regard to the
allegations made against him. Tusla has since apologised
to Sgt McCabe and his family.
Meanwhile, Fianna Fail TD John McGuinness has stated
for the first time that former Garda Commissioner Martin
Callinan detailed false child abuse allegations about the
Garda whistleblower when they secretly met in a car park
in January 2014.
Asked if the new allegations match what was said to him
by Callinan, McGuinness said: "They do." However, he
refused to give further details due to the forthcoming
commission of investigation.

Maurice McCabe to sue State for 'all the


damage' done to him
Last night, Martin Callinan insisted he would not be
"engaging" publicly on the issue.
"I am in receipt of your correspondence, hand delivered to
my home this afternoon and which I received at 3.30pm, a
copy of which is attached. I have been advised that it
would be entirely inappropriate for me to engage publicly
with any matter which is the subject of commission of
investigation," he said
"In not so engaging I must point out that it is not to be
taken as agreement with the content of any matters raised
in your correspondence," he added.
It is also understood Mr McGuinness will make explosive
new claims about the alleged smear campaign during the
commission of investigation.
Last night Taoiseach Enda Kenny and Tanaiste Frances
Fitzgerald refused to say when they first heard the child
abuse rumours about Sgt McCabe which were widespread
in political circles for the past two years. The Taoiseach
and Tanaiste released almost identical statements when
asked when they heard about the allegations, which will be
the focus of Mr Justice Peter Charleton's commission of
investigation which was established last week. Spokesmen
for both said they deal with "facts not rumours".
The Independent Alliance is understood to be seriously
concerned about the controversy and has decided not to
comment until it receives a full briefing at Cabinet.
The Government is now expected to face a motion of no
confidence next week, tabled by Sinn Fein.
The audit prepared by Tusla's Sexual Assault Review Team
was initiated after it emerged a senior social worker wrote
to Sgt McCabe in December 2015 telling him he was to be
the subject of a child abuse investigation.
It has since emerged that the investigation was based on
inaccurate information which was supposed to have been
removed from Tulsa's database months before the
investigation was established.
The review also reveals that the HSE was never contacted
by gardai when a previous allegation was made against
him by the daughter of a colleague in 2006. Gardai
investigated this allegation but the Director of Public
Prosecutions ruled there was no evidence of any crime.
"There is no evidence on file that this information was
communicated to the HSE social work department at the
time by An Garda Siochana. Withstanding that, the HSE
would continue to have a statutory duty under Children
First policy to investigate all allegations of child abuse
referred to its department," the Tusla audit stated.
The same woman told a HSE counsellor in 2013 of the
same accusations she made in 2006. However, a file
compiled by the counsellor after the meeting incorrectly
suggested Sgt McCabe had "digitally penetrated" the
woman as a child.
The Sunday Independent understands the counsellor only
realised she had accused Sgt McCabe of false sexual abuse
claims after gardai contacted the alleged victim. The
woman in question told gardai she had not told the
counsellor she was "digitally penetrated" by Sgt McCabe as
was alleged in the file.
Yesterday, the HSE said the National Counselling Service
"responded immediately" in May 2014 and brought the
error to the attention of Tusla and An Garda Siochana.
"An immediate internal review of guidelines, practices and
protocols was undertaken within the National Counselling
Service to ensure that such an error would not recur," it
said.
"Appropriate training was also undertaken. Additional
supervisory procedures were put in place by the National
Counselling Service in relation to the staff member
concerned."
The Tusla audit noted there was "no evidence" to suggest
the alleged victim met a social worker after she met the
counsellor in 2013 or after the file was changed the
following year. The review said it was "not clear" why the
senior Tusla official looked at the original file rather than
the correct version amended in 2014.
The Tusla audit team offered to meet the alleged victim to
discus her allegations as part of the review. However, the
women failed to attend a scheduled appointment and later
called the agency and said she did not want to pursue the
matter further, according to the Tusla audit.
So Tusla placed information on one person into a file on a different
person in 'ERROR'. That explanation must be standard issue with
Irish state bodies when they fall under suspicion. Because the
EXACT SAME excuse was used by the Data Protection Commision in
2015, when attempting to explain how my complaint to them went
missing in their office for a whole year. Who was my Data complaint
about? Yes you guessed it, TUSLA.

Poll: In the wake of the latest


Maurice McCabe revelations,
do you have confidence in the
garda?
The HSE has today apologised unreservedly to McCabe for the
administrative error that led to an allegation against him making its way
into a Tusla file.
February 12, 17
THIS MORNING, THE HSE apologised unreservedly to
Garda Sergeant Maurice McCabe for the administrative
error that led to an allegation against McCabe making its
way onto a file held by Tusla, the Child and Family Agency.
It now seems that allegation remained on file at Tusla for
nearly two years after the initial error was made in 2014.
In what has become an increasingly murky saga the political
fallout continues apace this afternoon Fine Gael Health
Minister Simon Harris argued that the pending Charleton
Commission of Investigation into the alleged smear
campaign by the garda against Sergeant McCabe should be
allowed to run its course.

Labour leader Brendan Howlin says that a full criminal


investigation into the affair is required. And Sinn Fins
Gerry Adams went the whole hog and called for a general
election.
At present the Charleton investigation is the only show in
town. Given the pace at which this saga has evolved, that
may well change.
But has the whole affair shaken your confidence in An Garda
Sochna?
Were asking: In the wake of the latest Maurice McCabe
revelations, do you have confidence in the garda?

Poll Results:

http://www.thejournal.ie/poll-mccabe-gardai-
confidence-3234905-Feb2017/

Irish govt fears global


media coverage of political
policing, anti-austerity
activists say
Published time: 12 Feb, 2015
Russia reporting on our "Political policing"
Irelands London embassy refused to accept a letter condemning
the state's assault on anti-austerity activists while an RT
cameraman filmed on
RT.COM

Irelands London embassy refused to accept a letter


condemning the state's assault on anti-austerity activists while
an RT cameraman filmed on Wednesday. The Irish state is
fearful of "political policing" gaining global media attention,
campaigners say.
Following three days of heavy handed dawn raids on the
homes of Irish anti-austerity activists, a solidarity protest was
held outside the Irish embassy in London on Wednesday.
The demonstration was organized after 11 Irish anti-water
charges campaigners were arrested, detained and questioned
by police. The campaigners in question maintain they were
arrested on spurious grounds.
Among those hauled into police custody were socialist TD
(MP) Paul Murphy, and leftist Dublin councilors Mick Murphy
and Kieran Mahon.
All three men are public representatives of Irelands Anti-
Austerity Alliance, which has campaigned tirelessly against the
Irish governments debt repayment strategy to international
and EU creditors. Following several hours of questioning, they
were released without charge.
Other anti-water charges campaigners arrested by Irish police
include two boys aged 16 and 14. Ten officers were reportedly
dispatched to arrest the 16 year-old, while six officers showed
up at each of the remaining activists doors.
The campaigners were detained in police custody in
connection with an incident at a community demonstration in
Dublin last November involving Irelands Minister for Social
Protection. A criminal investigation regarding the alleged false
imprisonment of Minister Joan Burton at the rally is ongoing.
Burton's car was reportedly obstructed by protesters for two
hours during the demonstration while she remained seated in
the vehicle. Additionally, members of her team say they were
assaulted as police escorted them from the scene.

Irish TD Paul Murphy, who was removed from his house at


7am on Monday by police, told RT the arrests were politically
motivated, and designed to intimidate Irelands anti-water
charges movement.
The movement opposes the Irish governments recent policy
shift on water taxation. Campaigners warn the government's
water charges are a veiled austerity tax that many Irish
citizens can't afford to pay.
Murphy stressed the timing of the arrests, following the
election victory of Greeces leftwing Syriza party, is worth
noting.
We have an establishment that is scared, scared that the
lessons of Greece will be learnt, that there is an alternative to
austerity and the establishment parties can be ousted, he
said.
They focus that fear, correctly in my opinion, on the anti-water
charges movement, which is the biggest movement of protest
this state has seen in decades.
The TD for Dublin South-West said he was unsure who had
orchestrated the arrest of the political campaigners. He
suggested the call may have come from the upper ranks of
Irelands police force or the Irish government itself.
Murphy argued the primary objective was to criminalize the
anti-water charges protests, and quietly quash dissent.

Wednesdays protest outside the Irish embassy was organized


by the Socialist Party of England and Wales. Neil Cafferky, a
member of the party, told RT the arrests of political
campaigners in Ireland were designed to undermine Irelands
anti-water charges movement and wider political left.
UK campaigners who were gathered at London's Irish
embassy on Wednesday attempted to hand its staff a letter
criticising the Irish governments attack on the democratic
right to protest.
Protesters had informed the embassy of the letter prior to the
demonstration.
Embassy officials refused to accept it, however, while an RT
cameraman remained on the scene. They subsequently
accepted the letter once the cameraman had left.
The eviction of the RT cameraman from the embassy really
does show that the Irish government is not at all comfortable
with the scrutiny these arrests are attracting worldwide, a
spokesman for the protesters said.
The demonstration's organizers told RT the continued
persecution of political activists in Ireland will be met with a
wave of protest internationally.
Demonstrators have gathered in multiple rallies across Dublin
in recent days to protest against what they say is the Irish
establishment's attempt to stamp out dissent.
Dublins recent wave of dawn arrests is not the first phase of
alleged political policing to surface in Ireland.
In January 2013, socialist TD Clare Daly was arrested for
supposed drink driving. She was handcuffed outside her car,
and subsequently brought into police custody.
Following official tests, it transpired she was well below the
states legal alcohol limit. Although the incident was reported
widely in Irelands press, her name was eventually cleared and
no charges were brought against her.
The timing of Dalys arrest is significant, Irish TD Paul Murphy
said.
He said the incident occurred while she was attempting to
expose a major scandal in the Irish police force. The Anti-
Austerity AllianceTD stressed Dalys arrest was staged,
whereby she washandcuffed and pictures were leaked to the
media.
He said the arrest was a calculated move to damage her
publicly and diminish the allegations she was making about
the police.
Irelands Prime Minister Enda Kenny insists Irish police
operate independently of the states government. Probed on
the arrest and detainment of Murphy, Kenny declined to
comment. As he made his way to a ministerial meeting, he
said the issue was a matter for Irish police.
They run their operations completely independent of
Government, he said.
Irelands Minister for Public Expenditure and Reform, Brendan
Howlin, also dismissed allegations of political policing
following the arrest of Murphy. Howlin said Irelands police
force and prosecutorial system is autonomous from its
government.
I reject any notion of political interference with policing, he
said.
The guards do their job as they see it in their own light
independently. Thats the way independent proper functioning
democracies work.
Anti-Austerity Alliance TD Paul Murphy was silenced when he
attempted to raise concerns over political policing in Irelands
parliament on Thursday.
The Ceann Comhairle, responsible for chairing Irish
parliamentary debates, ruled he was out of order. Murphy's
microphone was subsequently switched off.
Prior to the arrest of Irish campaigners this week, a political
meeting in Dublin held in solidarity with Greeces newly
elected government was monitored by two members of
Irelands Special Branch police force.
https://www.rt.com/news/231783-political-policing-quash-
dissent/#.VNz3ZeWlRJU.facebook
It can only happen in Ireland,
poem by Rita Cahill
February 12, 17
It can only happen in Ireland,
The Useless, Corrupt Little fucking
Piggys
The Head Chieftains got Themselves
in a mess,
Look At some of the Garda they
recruit out of control, bad tempered
and evilness,
Some of the Garda loose control of
themselves,
Some Of the Garda are big bullies
using peeper spray and battens to
beat peaceful people in protest
Good guys like Wilson and Mc Cabe
are hard to Find,
Unfortunate for them, being a
Whistle Blower is not as safe in this
time,
It can only happen in Ireland,
when Chief Commissioners who
smear them and set in motion to
criminalized them,
Thats Treason to me in the eyes of
Irish law,
The Commissioner set out to
accomplish her revenge to a goal,
But it spit, splashed back like water
in her face, the corrupt dirty lying
troll,
Garda Commissioners are evil, in
the force, corrupt, like the
Governments, they have all
committed a cover up conspiracy
crime, oh yeah
Gagging decent Garda who tries to
tell the truth of a crime been
committed, get stung instead
In Returned they are silence and
threatened and bullied, they may as
well stoned them to death,
It can only happen in Ireland,
Fine fail, Fine Gail, are mainly to
blame,
Like a Duck that waddles quickly
down a Lane,
There are some good Garda and
some bad ones,
We Need to Pick the bad ones out of
the basket, and sort out the dirty
dozen,
It can only happen in Ireland,
I Dare to say, whats coming there
way,
Lets hope Garda Wilson and Other
good Garda and Garda Mc Cabe get
the justice they deserve,
Hopefully soon it may come there
way,
They have been to hell and
backwards, this false child sex
scandal against Garda Mc Cabe has
to be there worse,
At the Moment The good Garda,
that spoke out against criminal
activity paid a price that hit a nerve,
What happened to Garda McCabe
brought sadness to every Irish
citizen and a tear,
The good Garda were Gagged and
push aside,
There families, shattered and
broken and torn,
Evil Garda Commission in a woman
uniform of a womans scorn,
The Garda Whistleblowers, who look
over their shoulder like a fugitive in
fear?
The true facts here is that they
committed no crime,
But to them it feels like they may as
well be in prison doing time,
The Garda spoke the truth and in
return the Commissioners of the
head try to pin them down,

I say for the last time it can only


happen in Ireland
Poem by Rita Cahill
February 12, 17
Brendan Howlin puts serious
allegations of misconduct against
Garda Commissioner on Dil record
Provided by Irish Independent Garda chief Nirn OSullivan. Photo:
Gareth Chaney Collins
Labour leader Brendan Howlin has told the
Dil that a journalist today told him of serious
allegations of misconduct against Garda
Commissioner Nirn O'Sullivan.
Amid repeated warnings from the Dil
chairman, San Fearghal, the former Public
Expenditure Minister insisted it was important
for the Dil to hear what the journalist had
told him.
Mr Howlin said the journalist, who today
contacted him, said he had direct knowledge
of Commissioner OSullivan contacting a
number of journalists in 2013 and 2014 and
alleging the whistleblower, Sgt Maurice
McCabe, was involved in sexual crimes.
The Labour leader said the Garda
Commissioner should stand aside pending
the outcome of a Commission of Investigation
to be headed by Supreme Court Judge, Peter
Charleton. Mr Howlin said in any other walk
of life a person in such a situation would have
to go on administrative leave.

The Ceann Comhairle, San Fearghal, said


he could not allow what he in Irish called
dirt bean liom go ndirt bean le claims.
These were third-hand allegations which were
very serious.
The chairman said he had no difficulty with
Mr Howlin calling on Commissioner OSullivan
standing aside pending the inquiry. He was
very concerned about these allegations.
Youre taking us into territory into which I
think we should not venture, Mr Fearghal
insisted.
But Mr Howlin replied that in a previous case
involving alleged Garda misconduct he had
ended up before the High and Supreme
Courts. He had then been told by the Judges
that he should have first raised the
allegations in the Dil.
The drama unfolded as Justice Minister
Frances Fitzgerald prepared to give the Dil
the terms of reference of the Judge
Charletons upcoming inquiry. The Supreme
Court Judges work will follow a review by
former High Court Judge Iarfhlaith ONeill into
two protected disclosures submitted by Sgt
McCabe and Supt Dave Taylor.
The Taoiseach told the Dil that the inquiry
must be allowed take its course and the
status of any revelations so far amounted to
allegations.
http://www.msn.com/en-ie/news/national/brendan-howlin-puts-
serious-allegations-of-misconduct-against-garda-commissioner-
on-dil-record/ar-AAmJeLQ?ocid=ob-fb-enie-60#image=1

How RT got
caught up in Garda
'dirty tricks'
Garda Commissioner Nirn OSullivan Photo: Arthur Carron
The relationship between the national
broadcaster and Garda management will be
put under intense scrutiny as part of the
latest investigation into allegations of
misconduct in the force.
Supreme Court Judge Justice Peter Charleton
has been asked by the Government to
investigate a claim that the Commissioner
was involved in the broadcast which aired on
RT on May 9, 2016.
In total, the judge will examine nine issues
including whether she knew about a smear
campaign against Sergeant McCabe, or if she
played any part in directing it.
Earlier, the Dil was rocked by allegations the
Garda chief sought to link whistleblower
Sergeant McCabe to sex crimes. The claims
by 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.

Irish Independent Whistleblower: Garda Sergeant Maurice McCabe


Shocking new failures by Tusla are revealed in an
internal review of the Child and Family Agency's
handling of false child sex abuse allegations against
Garda whistleblower Maurice McCabe, the Sunday
Independent has learned.
An internal audit, which has been seen by this
newspaper, found that the agency failed to contact
or establish the credibility of the alleged victim
before launching a child sex abuse investigation into
Sgt McCabe.
"It is also not clear as to why a decision to proceed
with the allegation was made without the
cooperation and corroboration of the alleged victim
and without having formed some opinion with
regard the credibility of the allegation that was
referred," the report states.
It also reveals that there is "no evidence on file" that
the sex abuse allegations were communicated to
the HSE by an Garda Siochana when the claims
were first made in 2006. The report specifically
notes that Sgt McCabe was "not afforded fair
procedures" with regard to the allegations made
against him.
Tusla has since apologised to Sgt McCabe and his
family. Meanwhile, Fianna Fail TD John
McGuinness has stated for the first time that former
Garda Commissioner Martin Callinan detailed false
child abuse allegations about the Garda
whistleblower when they secretly met in a car park
in January 2014.
Asked if the new allegations match what was said to
him by Callinan, McGuinness said: "They do."

However, he refused to give further details due to


the forthcoming commission of investigation.
Last night, Martin Callinan insisted he would not be
"engaging" publicly on the issue.
"I am in receipt of your correspondence, hand
delivered to my home this afternoon and which I
received at 3.30pm, a copy of which is attached.
I have been advised that it would be entirely
inappropriate for me to engage publicly with any
matter which is the subject of commission of
investigation," he said "In not so engaging I must
point out that it is not to be taken as agreement with
the content of any matters raised in your
correspondence," he added.
It is also understood Mr McGuinness will make
explosive new claims about the alleged smear
campaign during the commission of investigation.
Last night Taoiseach Enda Kenny and Tanaiste
Frances Fitzgerald refused to say when they first
heard the child abuse rumours about Sgt McCabe
which were widespread in political circles for the
past two years.
The Taoiseach and Tanaiste released almost
identical statements when asked when they heard
about the allegations, which will be the focus of Mr
Justice Peter Charleton's commission of
investigation which was established last week.
Spokesmen for both said they deal with "facts not
rumours". The Independent Alliance is understood
to be seriously concerned about the controversy
and has decided not to comment until it receives a
full briefing at Cabinet.
The Government is now expected to face a motion
of no confidence next week, tabled by Sinn Fein.
The audit prepared by Tusla's Sexual Assault
Review Team was initiated after it emerged a senior
social worker wrote to Sgt McCabe in December
2015 telling him he was to be the subject of a child
abuse investigation. It has since emerged that the
investigation was based on inaccurate information
which was supposed to have been removed from
Tulsa's database months before the investigation
was established.
The review also reveals that the HSE was never
contacted by gardai when a previous allegation was
made against him by the daughter of a colleague in
2006. Gardai investigated this allegation but the
Director of Public Prosecutions ruled there was no
evidence of any crime.
"There is no evidence on file that this information
was communicated to the HSE social work
department at the time by An Garda Siochana.
Withstanding that, the HSE would continue to have
a statutory duty under Children First policy to
investigate all allegations of child abuse referred to
its department," the Tusla audit stated.
The same woman told a HSE counsellor in 2013 of
the same accusations she made in 2006. However,
a file compiled by the counsellor after the meeting
incorrectly suggested Sgt McCabe had "digitally
penetrated" the woman as a child.
The Sunday Independent understands the
counsellor only realised she had accused Sgt
McCabe of false sexual abuse claims after gardai
contacted the alleged victim. The woman in
question told gardai she had not told the counsellor
she was "digitally penetrated" by Sgt McCabe as
was alleged in the file.
Yesterday, the HSE said the National Counselling
Service "responded immediately" in May 2014 and
brought the error to the attention of Tusla and An
Garda Siochana. "An immediate internal review of
guidelines, practices and protocols was undertaken
within the National Counselling Service to ensure
that such an error would not recur," it said.
"Appropriate training was also undertaken.
Additional supervisory procedures were put in place
by the National Counselling Service in relation to
the staff member concerned." The Tusla audit noted
there was "no evidence" to suggest the alleged
victim met a social worker after she met the
counsellor in 2013 or after the file was changed the
following year.
The review said it was "not clear" why the senior
Tusla official looked at the original file rather than
the correct version amended in 2014. The Tusla
audit team offered to meet the alleged victim to
discus her allegations as part of the review.
However, the women failed to attend a scheduled
appointment and later called the agency and said
she did not want to pursue the matter further,
according to the Tusla audit.
Noirin O'Sullivan knew about the McCabe allegations in
2014.
Guess it's the usual Deny , Deny , Deny when you get
caught out

A government is only as strong as the people behind it...... Its time


for the people to speak..... I don't like Sinn Fein.....but Mary Lou
always has her finger on the pulse and seems honest enough.....this
current government needs to go .....but be careful..... Don't let this
current issue... the disgraceful treatment of Sgt Mc Cabe cloud all
the other issues..... Health services.... Public sector pay
restoration..... The criminal Public sector pension deduction for lower
paid staff.... And all the other cock ups made by this Government
with out a majority

Maurice & John, WERE WITH YOU EVERY STEP OF THE WAY
Enda Kenny has just stated on RTE news that for the first
time in the history of the state we now have a completely
independent garda commission, this is the biggest lie this
liar has told so far, this authority he is talking about is
made up of civil servants retired judges and other lick arse
friends. Not one civilian is included but i have a letter from
the justice minister stating this commission would be up of
a fair proportion of ordinary people like myself, but not
one. This is yet more smoke an mirrors, just to make us
think we are being listened to. But i gave up believing
politicians many years ago.The civil servants turn our
good politicians into con artists that is where our problems
exists
When you think about it... if O'Sullivan is found guilty, it
puts a question over the Gardai and state in all cases, past
or present.
No wonder she wont step down, and your MASTERS won't
push her either...
It is the best of times, it is the worst of times!
Poll: In the wake of the latest Maurice McCabe revelations,
do you have confidence in the garda?
Why , if they were not corrupt why ere no more whistle blowers ,
and why ere they not standing with them, they ere heroes, the force
is corrupt

Gardai 'whistleblower'
office being almost
entirely ignored
It is believed no new whistleblowers
have come forward since
Superintendent's arrest

Jim Cusack
PUBLISHED
12/02/2017

1
Sources say few members of the force are convinced by the
Commissioners public statements that whistleblowers will be
treated fairly and sympathetically (Stock picture)
The Garda's internal "whistleblower"
scheme has been almost totally ignored by
members of the force, the Sunday
Independent can reveal.
The only official estimate, given last year by Commissioner
Noirin O'Sullivan, is that "fewer than 10" gardai have come
forward since the force's Protected Disclosures Manager
office was set up a year ago.
This "fewer than 10" figure is understood to include those
already in the public domain.
Sources say few members of the force are convinced by the
Commissioner's public statements that whistleblowers will
be treated fairly and sympathetically.
Few gardai have even bothered to make inquiries about
the Protected Disclosures Manager's office, believed to be
located in the Garda Commissioner's office in Phoenix
Park.
It is understood a garda chief superintendent has
'responsibility' for the office which was set up in the
immediate aftermath of Judge O'Higgins's inquiry into the
events Maurice McCabe flagged up at Baillieboro Garda
Station and its surrounding controversy.
Commissioner Noirin O'Sullivan gave the "fewer than 10"
figure at a public meeting of the Policing Authority after
the O'Higgins report.
No further gardai appear to have been prepared to speak
about corruption or mismanagement in the 12,000-strong
force.
At the Policing Authority public meeting the
Commissioner gave assurances that she and her managers
were fully supportive of whistleblowers and even
welcomed the idea.
When pressed on what was being done to encourage
whistleblowers (under the 2014 Protected Disclosures Act,
a piece of legislation that took 14 years in gestation) the
commissioner told the authority that a new internal
system for dealing with whistleblowers was in place.
When pressed later by the head of the authority, Ms
Josephine Feehily, at the June public meeting, the
Commissioner admitted that despite the supposed
arrangements of encouraging and protecting
whistleblowers "less than 10" had come forward but she
did not give an exact figure.
It also emerged that an email to all gardai and civilian staff
about the establishment of the Protected Disclosures
Manager had gone out only on the morning of the public
meeting with the authority.
But gardai say the idea of becoming a whistleblower
became anathema in the aftermath of the May 2015 order
by Commissioner O'Sullivan to arrest the former head of
the Garda press office, Superintendent David Taylor for
alleged 'unlawful disclosure' of information.
He was arrested, stripped of his superintendent epaulettes
and shoes and held in a cell in Balbriggan Garda Station
for 22 hours in May 2014.
The Commissioner appointed her husband, Jim
McGowan, still then a superintendent, to oversee the
'investigation' which has, nearly three years on, produced
no evidence against Superintendent Taylor who remains
suspended from duty on reduced pay.
When asked by the Sunday Independent if there was any
'conflict of interest' issue over her husband's involvement,
Commissioner O'Sullivan, at a press conference in 2015,
said she saw none. She also said she had not instructed
any senior gardai not to communicate with journalists.
A team of up to 18 gardai including the Commissioner's
husband were involved in the initial investigation into
David Taylor and this number had increased, it is
understood, to around 30 gardai.
http://www.independent.ie/irish-news/gardai-whistleblower-office-
being-almost-entirely-ignored-35443551.html
Exclusive: Grotesque,
Unbelievable, Bizarre,
Unprecedented New
twist in McCabe saga
revealed
Exclusive: New twist in McCabe saga,
McGuinness to make explosive claims,
Callinan: I'm advised to stay silent

Philip Ryan Twitter


EMAIL
PUBLISHED
12/02/2017

1
Whistleblower: Garda Sergeant Maurice McCabe Photo: Tom
Burke
Shocking new failures by Tusla are revealed
in an internal review of the Child and Family
Agency's handling of false child sex abuse
allegations against Garda whistleblower
Maurice McCabe, the Sunday Independent
has learned.
/
An internal audit, which has been seen by this newspaper,
found that the agency failed to contact or establish the
credibility of the alleged victim before launching a child
sex abuse investigation into Sgt McCabe.
"It is also not clear as to why a decision to proceed with the
allegation was made without the cooperation and
corroboration of the alleged victim and without having
formed some opinion with regard the credibility of the
allegation that was referred," the report states.
It also reveals that there is "no evidence on file" that the
sex abuse allegations were communicated to the HSE by
an Garda Siochana when the claims were first made in
2006. The report specifically notes that Sgt McCabe was
"not afforded fair procedures" with regard to the
allegations made against him. Tusla has since apologised
to Sgt McCabe and his family.
Meanwhile, Fianna Fail TD John McGuinness has stated
for the first time that former Garda Commissioner Martin
Callinan detailed false child abuse allegations about the
Garda whistleblower when they secretly met in a car park
in January 2014.
Asked if the new allegations match what was said to him
by Callinan, McGuinness said: "They do." However, he
refused to give further details due to the forthcoming
commission of investigation.

Maurice McCabe to sue State for 'all the


damage' done to him
Last night, Martin Callinan insisted he would not be
"engaging" publicly on the issue.
"I am in receipt of your correspondence, hand delivered to
my home this afternoon and which I received at 3.30pm, a
copy of which is attached. I have been advised that it
would be entirely inappropriate for me to engage publicly
with any matter which is the subject of commission of
investigation," he said
"In not so engaging I must point out that it is not to be
taken as agreement with the content of any matters raised
in your correspondence," he added.
It is also understood Mr McGuinness will make explosive
new claims about the alleged smear campaign during the
commission of investigation.
Last night Taoiseach Enda Kenny and Tanaiste Frances
Fitzgerald refused to say when they first heard the child
abuse rumours about Sgt McCabe which were widespread
in political circles for the past two years. The Taoiseach
and Tanaiste released almost identical statements when
asked when they heard about the allegations, which will be
the focus of Mr Justice Peter Charleton's commission of
investigation which was established last week. Spokesmen
for both said they deal with "facts not rumours".
The Independent Alliance is understood to be seriously
concerned about the controversy and has decided not to
comment until it receives a full briefing at Cabinet.
The Government is now expected to face a motion of no
confidence next week, tabled by Sinn Fein.
The audit prepared by Tusla's Sexual Assault Review Team
was initiated after it emerged a senior social worker wrote
to Sgt McCabe in December 2015 telling him he was to be
the subject of a child abuse investigation.
It has since emerged that the investigation was based on
inaccurate information which was supposed to have been
removed from Tulsa's database months before the
investigation was established.
The review also reveals that the HSE was never contacted
by gardai when a previous allegation was made against
him by the daughter of a colleague in 2006. Gardai
investigated this allegation but the Director of Public
Prosecutions ruled there was no evidence of any crime.
"There is no evidence on file that this information was
communicated to the HSE social work department at the
time by An Garda Siochana. Withstanding that, the HSE
would continue to have a statutory duty under Children
First policy to investigate all allegations of child abuse
referred to its department," the Tusla audit stated.
The same woman told a HSE counsellor in 2013 of the
same accusations she made in 2006. However, a file
compiled by the counsellor after the meeting incorrectly
suggested Sgt McCabe had "digitally penetrated" the
woman as a child.
The Sunday Independent understands the counsellor only
realised she had accused Sgt McCabe of false sexual abuse
claims after gardai contacted the alleged victim. The
woman in question told gardai she had not told the
counsellor she was "digitally penetrated" by Sgt McCabe as
was alleged in the file.
Yesterday, the HSE said the National Counselling Service
"responded immediately" in May 2014 and brought the
error to the attention of Tusla and An Garda Siochana.
"An immediate internal review of guidelines, practices and
protocols was undertaken within the National Counselling
Service to ensure that such an error would not recur," it
said.
"Appropriate training was also undertaken. Additional
supervisory procedures were put in place by the National
Counselling Service in relation to the staff member
concerned."
The Tusla audit noted there was "no evidence" to suggest
the alleged victim met a social worker after she met the
counsellor in 2013 or after the file was changed the
following year. The review said it was "not clear" why the
senior Tusla official looked at the original file rather than
the correct version amended in 2014.
The Tusla audit team offered to meet the alleged victim to
discus her allegations as part of the review. However, the
women failed to attend a scheduled appointment and later
called the agency and said she did not want to pursue the
matter further, according to the Tusla audit.
Government snubs
flooded firms in fight for
insurance
Noonan says State can't intervene as
deluged businesses on coast struggle to
find cover

Wayne O'Connor
PUBLISHED
12/02/2017
1
Finance Minister Michael Noonan. Photo: Bloomberg
Businesses struggling to find adequate
insurance cover following last year's
devastating floods will receive no help from
the Government after Finance Minister
Michael Noonan conceded his hands are tied
on the matter.
/
Hundreds of businesses in coastal areas have been refused
insurance by companies because of calculations and
presumptions that climate change will cause further flood
damage in the future.
Many insurers say businesses are being adversely affected
by rising sea levels and so are deemed an uninsurable risk
when looking for a new policy.
Mr Noonan said this was a commercial matter that the
Government and Central Bank could not interfere with.
"This position is reinforced by the EU framework for
insurance which expressly prohibits member states from
adopting rules which require insurance companies to
obtain prior approval of the pricing or terms and
conditions of insurance products," said the minister.
"The provision of insurance is a commercial matter for
insurance companies, which has to be based on a proper
assessment of the risks they are accepting.
"This assessment will in relation to coastal communities,
in many cases include insurers' own climate change
presumptions based on their own modelling and research.
Consequently, neither the Government nor the Central
Bank has any influence over this matter."
He added that the Government had studied the risks
posed to homeowners and businesses in 90 coastal
communities around the country.
These studies, in areas deemed to face 'potentially
significant' risk, looked at the future sustainability of such
communities.
Mr Noonan said families and business also had a right to
lodge complaints with the Financial Services Ombudsman
if they felt they were being harshly treated by insurers.
"Measures to address the risks identified were set out in
draft flood risk management plans that were published in
2016 for consultation," he said.
"Also, in line with the sectoral adaptation plan for flood
risk management, prepared by the OPW under the Climate
Action and Low Carbon Development Act 2015, the
planning and design for flood defence schemes takes
climate change into account. This includes the feasible
measures being identified through the flood risk
management plans."
The minister's comments mean businesses in coastal
regions will continue to face significant challenges when
applying for insurance, just a year after hundreds of
families and firms suffered huge disruption in one of the
country's worst floods.
Irish Small and Medium Enterprises Association (ISME)
director Neil McDonnell said he was annoyed by the
Government's response to the issue.
"We are not satisfied with the hands-off approach we have
seen from government and the Department of Finance,"
he said.
He added that the very high premiums some businesses
faced could be lowered.
"Our message is that the cost of insurance is a function of
the general damages you are allowing the courts to award.
If they took a business decision to intervene in general
damages it would bring down the cost of insurance.
"Insurance companies should not be forced to insure
where there is uninsurable risk but in areas where there is
not an excessive risk people should not be paying excessive
levels for insurance.
"I am pretty annoyed with the response."
http://www.independent.ie/irish-news/government-snubs-flooded-
firms-in-fight-for-insurance-35443562.html
Scandal has its roots in
ineptitude, cliques and
shocking failures
The force is steeped in years of poor
management and blatant nepotism,
writes Jim Cusack
PUBLISHED
12/02/2017

1
'There was widespread resentment among gardai who worked
hard and diligently and deserved but never got promotion/'
The current scandal engulfing An Garda
Siochana has its roots in poor management.
/
Decades of what one senior garda termed 'in-breeding'; of
recruitment of sons, daughters and relations who were
probably not fit for the job, then their subsequent fast-
track promotion beyond their capabilities, left a large
number of inept figures in mid-ranking management.
On top of this was the formation of cliques by
management figures 'bringing on' their friends and close
associates.
It is horrifying but the other side of the coin is that Irish people elect the
politicians, Irish people come up with the policies and implement them.
No one ever says enough is enough. The person in Tusla who copied
and pasted will probably be sacked but the person who came up with the
idea to do that to the McCabes will get paid off with a pension top-up. If
the Commissioner is linked to this she should be fired for gross
misconduct but that never happens in Ireland and until it does nothing
will change.

Also a little less hysteria when politicians or public figures admit they
got something wrong could help to give some space for a culture of
accepting responsibility to take root as the way things are now who in
their right mind would be the first to step up.
the gardai badly need a good dose of diversity , such a family clique now
its beyond a joke !
http://www.independent.ie/opinion/scandal-has-its-roots-in-ineptitude-
cliques-and-shocking-failures-35443620.html
Garda chief is entitled to
her good name until it is
proved otherwise
Brendan Howlin abused Dail privilege
to remind people that the tinpot
Labour Party still exists, writes Eilis
O'Hanlon
PUBLISHED
12/02/2017


1
QUESTION TIME: Garda Commissioner Noirin OSullivan at a
press conference in Garda HQ on gangland crime in Dublin.
Photo: Gerry Mooney
It might be that Noirin O'Sullivan is the
worst Garda Commissioner the country has
ever seen. It might be that she is up to her
neck in shenanigans the likes of which have
never been seen before.
But just saying it is not enough. There's a little thing called
proof which it ought to be necessary to provide before
making such claims. In Noirin O'Sullivan's case, it seems
that none of those normal caveats apply. One can say
anything at all about her without any risk or consequence,
and she will still be expected to take it.
Latest to have a go is a young, up-and-coming politician by
the name of Brendan Howlin who used Dail privilege last
week to tell the country that he'd heard from a journalist
who'd heard it from another journalist that the Garda
Commissioner, when working in a previous role in the
force, had personally rung up journalists to circulate lurid
allegations about an alleged sexual offence involving
whistleblower Sgt Maurice McCabe, who'd come forward
about alleged abuses of the penalty point system.
http://www.independent.ie/opinion/garda-chief-is-entitled-to-her-good-
name-until-it-is-proved-otherwise-35443619.html
Sometimes public exposure is the only thing which forces governments
and organisations to take action. We saw that on a number of fronts this
week. I'm no fan of Brendan Howlin but on this occasion, despite the
criticism being levelled at him by the writer, he has performed a public
service. Things only happen in this country when the headlights are
turned full on.
The author naively confuses the court room with real life. In the courts
your are of course entitled to the presumption of innocence until proven
guilty, the artificial triumph of rationality over common sense. However
in real life my peers do not have to possess incontrovertible proof of my
inadequacies before they can label me an incompetent idiot. As human
beings we have an antenna for these sort of things which is rarely
proven to be without merit and I would be fairly confident that the case
in question will provide no exceptions to that rule.
Sinn Fin to table
motion of no
confidence in
Government
Updated / Sunday, 12 Feb 2017

The Government is unable to deal with the major issues facing our
people, said Sinn Fin's Mary Lou McDonald
This is the actual article body
Sinn Fin has said it will table a motion of no
confidence in the Government over its handling of the
garda whistleblower controversy.
The Government responded by accusing the party of
putting politics before the welfare of citizens.
This latest development comes as the debate
continues over what type of inquiry is appropriate into
the treatment of Sergeant Maurice McCabe.
Earlier, Labour Party leader Brendan Howlin said Sgt
McCabe is in favour of an external criminal
investigation into his treatment.
Speaking on RT's Saturday with Claire Byrne, Mr
Howlin said he spoke with Sgt McCabe this morning
and that he said he is "of the view that something
much broader" is needed.
A Commission of Investigation is to examine whether
there was a smear campaign against Sgt McCabe
orchestrated by senior garda.
Questions were asked yesterday about how much the
Cabinet knew about the false allegation against Sgt
McCabe after it emerged he met Minister for Children
Katherine Zappone ahead of the publication of the
terms of reference for the Commission of
Investigation.
Mr Howlin said an external inquiry would entail an
investigation headed by police officers from a force
outside of Ireland.
This would require emergency legislation, he added.
The Labour leader also said Sgt McCabe (above)
was "wounded" by everything that has happened.
Sinn Fin deputy leader Mary Lou McDonald said
that the party will table a motion of no confidence in
what she described as a "kick for touch, cover up"
Government.

"The Government is clearly unable to deal with the


major issues facing our people," said Ms McDonald.
"The hospital waiting list scandal has exposed the
Government's complete failure to deal with the crisis
in our health service.
"The manner in which they have handled the
scandalous campaign of character assassination
against Sergeant Maurice McCabe renders this
Government unfit for public office.
"Sinn Fin will table a motion of no confidence in this
kick for touch, cover-up Government without delay.
"We will be seeking support for this motion of no
confidence from all opposition TDs and Fianna Fil,"
added Ms McDonald.

A Government spokesperson tonight described the


Sinn Fin no confidence motion as a "nakedly
political move".
The spokesperson said that Sinn Fin is clearly
putting party politics before the welfare of the
country's citizens.
"The Government's focus is on managing Brexit and
managing the nation's finances to the benefit of
everybody," added the spokesperson.
Earlier Sinn Fin president Gerry Adams called on
Fianna Fil to withdraw its support for the
Government over its handling of the Sgt McCabe
controversy.
"The Taoiseach should do the right thing - the people
deserve an election," Mr Adams told reporters in west
Belfast earlier today.
"The Fianna Fil leader should do the right thing and
withdraw his support from this Government."
Mr Adams (below) said: "It's very, very clear that this
Fine Gael-led Government is a government without
any authority.

"People are scandalised by the way the Government


is taking the public for fools in relation to the whole
policing Garda McCabe controversy."
Fianna Fil strongly rejected Sinn Fin's call that it
should withdraw support for the minority Government.
The party's spokesperson on Foreign Affairs and
Trade, Darragh O'Brien, said pulling the plug on the
Government is not going to get answers.
But Mr O'Brien said his party will demand the
Government explain why there is such confusion in
Cabinet over this issue.
He said the priority was to ensure that no garda
whistleblower ever again has to endure what Sgt
McCabe did.
HSE issues apology to Sgt McCabe and his family
The HSE this afternoon apologised unreservedly to
Sgt McCabe and his family for the distress caused
after a counsellor from the HSE's National
Counselling Service sent a file in August 2013
containing false allegations of sexual abuse against
Sgt McCabe to Child Protection Services, now Tusla.
In the statement, the HSE said it is satisfied that
correct procedure was followed once this error was
brought to the attention of its National Counselling
Service in May 2014.
Read: HSE statement in full
hse-statement-in-relation-to-garda-mccabe
https://static.rasset.ie/documents/news/hse-
statement-in-relation-to-garda-mccabe.pdf

"An immediate internal review of guidelines, practices


and protocols was undertaken within the National
Counselling Service to ensure that such an error
would not reoccur. Appropriate training was also
undertaken," the statement read.
The HSE also said it was making arrangements to
offer its apology formally to Sgt McCabe as soon as
possible.
Kenny not ruling out
criminal probe into
McCabe affair
Updated / Sunday, 12 Feb 2017

Enda Kenny was on RT's This Week programme


This is the actual article body
Taoiseach Enda Kenny has said he is not ruling out a
criminal investigation into the Maurice McCabe affair
but said there has to be evidence of criminality.
Speaking on RT's This Week programme, Mr
Kenny said the central issue for the Charleton
Commission of Investigation is to find out the truth
and determine if there was a scheme against Sgt
McCabe based on erroneous allegations of sexual
misconduct.
"In order to have a criminal investigation you have to
have evidence of criminality. As the Charleton Inquiry
gets under way, who knows what may arise here.
"So, I dont rule that out."
He continued: "The central issue here is, was there a
programme of systemic doing-down of Sgt McCabe
based on erroneous sexual allegations and rumours
by senior police?"
"It is about the truth and I hope that we can find that
in the shortest time and provide justice and
understanding so the people of the country that they
can trust the system."
When asked if he heard the false rumours about Sgt
McCabe, the Taoiseach said: "I don't deal in rumours
or allegations or hearsay. I have to deal in fact".

Mr Kenny said an allegation of this nature against


anybody would be "soul destroying".
When asked if he would like to apologise on behalf of
the State agencies he replied, "I do".
Garda whistleblower Sgt McCabe rejects HSE
apology
Mr Kenny said the Minister for Children Katherine
Zappone had told him that she intended to meet with
Sgt McCabe privately.
Follow

RT News

"What did Katherine Zappone tell you, and what did her
officials tell your officials?" the Taoiseach is asked.
1:24 PM - 12 Feb 2017
 7 7 Retweets5 5 likes
He said "that is all I knew", adding that he told her to
make a thorough account of the meeting.
The Taoiseach said he was not aware of any of the
details of the meeting when the Cabinet met last
Tuesday and he did not ask her about it because Ms
Zappone was meeting him in a "private capacity".
Enda Kenny speaks to This Week's Colm Mongin
In relation to Brexit, Mr Kenny repeated his view that
there will be no return to the borders of the past.
He warned he would not stand for a situation where
there are customs posts along the border and he
wants to continue the good relationship between the
garda, the PSNI and British police to tackle any
criminality that could arise.
In relation to his upcoming visit to Washington for
St Patrick's Day, the Taoiseach said the visit is not
about presentations in the White House, but
symbolism about the contribution made by Irish
people in the US.
He said he intends to raise the issue of the
undocumented Irish.
Whatever his values, he said, the Government has a
duty to work with the Trump administration.
He added that the Government has a responsibility to
stand up for Ireland and its people in the US, and that
they will not shirk that responsibility.
In relation to his leadership of the Fine Gael, the
Taoiseach said party colleagues have "certainly
not" put a timeline of the summer for him to step
down.
He said Fine Gael have an agreed timetable in place
with Fianna Fil and number of challenges they want
to address, including several pay disputes, Brexit and
the Eighth Amendment.

Fianna Fil claim they


alerted Frances Fitzgerald
to Tusla involvement in
Maurice McCabe case
before Prime Time show
Kevin Doyle Group Political Editor and Catherine Devine
PUBLISHED
12/02/2017

3
Fianna Fil leader Michel Martin Photo: Arthur Carron
A fresh row over the Garda whistleblower
scandal has erupted with Fianna Fil
claiming they alerted Tnaiste Frances
Fitzgerald to the Tusla involvement in the
Maurice McCabe case last Wednesday.
But as the crisis at the heart of government continues to
grow, Ms Fitzgerald has vehemently stuck to her
statement that she knew nothing about the link until
Thursday night.
Tnaiste Frances Fitzgerald Picture: Colin O'Riordan
Fianna Fil leader Michel Martin said on Sunday evening
that his justice spokesman Jim OCallaghan spoke with the
minister on Wednesday specifically to broaden the terms
of reference of the Charleton inquiry to take on board the
Tusla file because we had been alerted to it and I had
spoken to Maurice McCabe on the Wednesday.
However, in a statement Ms Fitzgerald has insisted that
while Mr OCallaghan asked for the terms of reference to
be broadened to bring absolute clarity that the allegation
of criminal misconduct against Sgt McCabe and the
alleged smear campaign would be investigated.
The Tnaiste said that during the conversation Mr
OCallaghan said limiting the inquiry to the protected
disclosures made by Sgt McCabe and Superintendent Dave
Taylor could be too narrow and could limit the
investigation.
Deputy O'Callaghan said to me that Prime Time would
have a programme the following evening related the
establishment of the Commission.

Some of the players in the controversy include, from left, Garda


Commissioner Noirin OSullivan, her predecessor Martin Callinan,
Superintendent David Taylor, Sergeant Maurice McCabe, Tanaiste
and Minister for Justice Frances Fitzgerald, former justice minister
Alan Shatter, Children and Youth Affairs Minister Katherine
Zappone
At no point did he mention Tusla or any of the details that
emerged in the programme, she said.
If Deputy O'Callaghan had information concerning the
Tusla file, why did he not raise those issues during his
statement on the Commission's Terms of Reference which
took place the following day?
Maurice McCabe to sue State for 'all the
damage' done to him
Meanwhile, independent.ie have revealed Fianna Fil will
abstain on a motion of no confidence in the Government
Michel Martins party has decided not to spark a General
Election but will be seeking further clarification from the
Taoiseach on the sequence of events leading up to the
current controversy surrounding Garda whistleblower
Maurice McCabe.
Party sources argue that collapsing the Government would
only serve to delay a Commission of Investigation into the
alleged smear campaign against Sgt McCabe.
A motion of no confidence in the Government has been
placed before the Dil for debate on Wednesday evening.
However, Fianna Fil will stick to their confidence and
supply agreement with Fine Gael and abstain during the
vote.
Sources said they will use the opportunity to air concerns
about the Governments handling of the crisis and will
want assurances that the terms of reference for the inquiry
will be extended to cover Tusla.
They need to pull it together and give a proper
explanation, a Fianna Fil source said.
The decision by Fianna Fil will give the Government a
little breathing space ahead of what is expected to be a
robust Cabinet meeting on Tuesday.
Childrens Minister Katherine Zappone is likely to come
under intense pressure to explain to her colleagues why
she didnt alert the Justice Minister Frances Fitzgerald to
fact that Tusla held inaccurate files on Sgt McCabe which
alleged he had molested a child.
Earlier, Frances Fitzgerald said she had no knowledge of
the false allegations of sexual abuse against the garda
whistleblower Sgt Maurice McCabe until details were
revealed on RT's Prime Time programme.
Speaking on RT's The Week in Politics, Ms Fitzgerald
said she wasn't aware of the Tusla error until watching
Prime Time with the rest of the country.
She said she had a conversation with Katherine Zappone
on the morning of 25 January before her meeting with the
McCabes.
"That was the only conversation I had with her," she said.
Minister Fitzgerald said that "truth will prevail" in the
inquiry over the next nine months.
"You can talk about rumour, you can talk about allegations
but as Minister for Justice I have to make sure they are
dealt with. Allegations are not convictions.
"At the end of the process if it is found that people are not
telling the truth that will have the most serious
implications."
On the show, presenter ine Lawlor read a statement from
Maurice McCabe rejecting the statement of apology
released by the HSE yesterday.

It is understood the McCabes contacted one of Minister for


Health Simon Harris's officials after watching a news
items setting out the details of the apology on the RT
News last night.
The McCabes sent a text to the official stating: "We reject
both the statement and apology. The HSE statement is
wrong and this is not good enough.
"The file we have contradicts the statement and it is
shocking that we have to again listen and deal with false
information."
Separately, Taoiseach Enda Kenny has said he is not ruling
out the possibility of a criminal investigation into the
alleged claims against gardai whistleblower Maurice
McCabe.
Speaking on RT's This Week programme, Mr Kenny said
the main issue for the Charleton Commission of
Investigation is to find out the truth.
"In order to have a criminal investigation you have to
evidence of criminality. As the Charleton inquiry gets
underway, who knows what may arise here.
"So, I dont rule that out.
"The central issue here is, was there a programme of
systemic doing-down of Sgt McCabe based on erroneous
sexual allegations and rumours by senior police?
"It is about the truth and I hope that we can find that in
the shortest time and provide justice and understanding so
the people of the country that they can trust the system."
The Taoiseach said he doesn't "deal in rumours or
allegations" when asked when he first heard about the
McCabe controversy.
He told RT that he apologises to McCabe on behalf of the
State agencies.
Mr Kenny said the Minister for Children Katherine
Zappone told him that she was going to meet with McCabe
but that he was not aware of any details of the meeting.
He also said he wouldn't rule out an analysis of how Tusla
do their work.
Garda whistleblower Sgt Maurice McCabe
has rejected the statement of apology
released by the Health Service Executive
yesterday.
12/02/2017
It is understood the McCabes contacted one of Minister for
Health Simon Harris's officials after watching a news
items setting out the details of the apology on the RT
News last night.
Speaking on RT's The Week in Politics, ine Lawlor read
the statement from the McCabes.
The McCabes sent a text to the official stating: "We reject
both the statement and apology. The HSE statement is
wrong and this is not good enough.
"The file we have contradicts the statement and it is
shocking that we have to again listen and deal with false
information."
The counsellor who filed false accusations of sexual abuse
against Sgt McCabe was working for the HSE when the
claims were made in 2013.
"In line with process, the HSEs National Counselling
Service referred this allegation to HSEs Child Protection
Services (now Tusla)," read the HSE statement released on
Saturday afternoon.
"The HSE wishes to confirm that there was an
administrative error made by a staff member of the HSEs
National Counselling Service in the referral made at that
time (August 2013)."
The administrative error was brought to the attention of
the National Counselling Service in May 2014, according
to the statement.
"The HSE is satisfied that correct procedure was followed
once this error was brought to the attention of the
National Counselling Service," the statement read.
"The HSE apologises unreservedly to Mr. McCabe and his
family for the distress caused on foot of this error. The
HSE is making arrangements to offer this apology formally
to Mr. McCabe as soon as possible."

http://www.independent.ie/irish-news/fianna-fil-claim-they-alerted-frances-
fitzgerald-to-tusla-involvement-in-maurice-mccabe-case-before-prime-
time-show-35444232.html
Martin challenges
Fitzgerald over Tusla
information
Updated / Sunday, 12 Feb 2017

Maurice and Lorraine McCabe have rejected the HSE apology


This is the actual article body
The Fianna Fil leader Michel Martin has disputed a
claim by the Minister for Justice Frances Fitzgerald
that she had no knowledge of a file by Tusla
containing false allegations of child sex abuse
against the whistleblower Sergeant Maurice McCabe
until she watched revelations about the file on RT's
Prime Time programme on Thursday night.
Speaking on RT's The Week in Politics today, Ms
Fitzgerald said she had no knowledge of the
circumstances surrounding a false allegation of
sexual abuse against the garda whistleblower Sgt
Maurice McCabe until details were revealed on Prime
Time.
Ms Fitzgerald also said she was not aware that a
formal apology was going to be issued to Sgt
McCabe by the Child and Family Agency, Tusla.
She said she had a conversation with Minister for
Children Katherine Zappone on the morning of 25
January before her meeting with the McCabes.
"That was the only conversation I had with her," she
said.
Speaking this afternoon in Cork, Mr Martin said his
party's justice spokesman Jim OCallaghan had met
Ms Fitzgerald on Wednesday evening to broaden the
terms of reference of the Charleton Commission of
Investigation to include the Tusla file.
Mr Martin said at that stage Fianna Fil had been
alerted to the existence of the Tusla file and he had
spoken to Sgt McCabe on Wednesday in relation to
it.
He said he was anxious that the terms of reference
would cover the Tusla file, and Mr O'Callaghan had
met Ms Fitzgerald and alerted her to its existence
and the need to cover it in the terms of reference.
Mr Martin called on Ms Fitzgerald to clarify what
knowledge she had of the Tusla file prior to the terms
of reference for the Charleton Inquiry being drafted.
However, a spokesperson for the Tnaiste has
insisted this evening that the Tusla file was not
mentioned at the meeting between Ms Fitzgerald and
Mr O'Callaghan on Wednesday evening.

"Deputy O'Callaghan spoke to me about the Terms of


Reference the day before the Dail debate
(Wednesday)," said Ms Fitzgerald in a statement.
"He suggested the Terms of Reference should be
broadened to bring absolute clarity that the allegation
of criminal misconduct against Sgt McCabe and the
alleged smear campaign would be investigated.
"He said he was of the opinion that the limiting the
Terms of Reference to Superintendent Taylor could
be too narrow and could limit the investigation.
At no point did he mention Tusla or any of the
details that emerged in the programme.
A Commission of Investigation is to examine whether
there was a smear campaign against Sgt McCabe
orchestrated by senior garda.
Ms Fitzgerald said Judge Peter Charleton will include
all of the matters discussed during the Prime Time
programme as part of his inquiry, adding that she
would be happy to broaden the terms of reference.
But she said there would have to be evidence of
criminality before a criminal investigation could be
considered.
Sinn Fin said yesterday that it will table a motion of
no confidence in the Government over its handling of
the controversy.
Speaking on The Week in Politics today,
Independents 4 Change TD Clare Daly said: I think
Nirn OSullivans situation in largely untenable. I
think thatll have to be addressed.
I think the terms of reference [of the Charleton
Commission of Investigation] must be expanded to
include the allegation of the other garda
whistleblowers who want their cases heard and weve
met ten at this stage and many of what theyve
experienced is very, very similar to what Maurice
McCabe has experienced. That must be done," she
said.
Follow

RT News

Clare Daly says "Noirin O'Sullivan's situation is largely


untenable."
12:54 PM - 12 Feb 2017
 25 25 Retweets26 26 likes
Both [The Taoiseach and the Minister for Justice]
were aware of the meeting between Minister
Zappone and Maurice McCabe yet they claim that
neither questioned the context of the meeting nor
sought any feedback," said Sinn Fins deputy leader
Mary Lou McDonald.
"The Taoiseach went so far as to claim that the
meeting was in a 'private capacity'.
"These positions are not credible. It appears that the
Government are making it up as they go along. This
is farcical, chaotic and unacceptable," said Ms
McDonald.
Labours Alan Kelly said that there are still serious
questions outstanding following the breakdown in
collective Cabinet responsibility this week.
Garda whistleblower Sgt McCabe rejects HSE
apology
Garda whistleblower Sgt Maurice McCabe has
rejected the statement of apology released by the
HSE yesterday.
It is understood the McCabes contacted one of
Minister for Health Simon Harris's officials after
watching a news items setting out the details of the
apology on the RT News last night.
The HSE has not yet made contact with the McCabes
in relation to this apology.
The McCabes sent a text to the official stating: "We
reject both the statement and apology. The HSE
statement is wrong and this is not good enough."
"The file we have contradicts the statement and it is
shocking that we have to again listen and deal with
false information."
They did not receive a response.
The HSE statement states that once the alleged error
was discovered all proper procedures were taken by
the HSE.
However, documents released by Tusla to the
McCabes highlights that there are serious questions
to be answered.
"A blanket statement from the HSE without contacting
us was unprofessional and more annoyance to
us," Lorraine McCabe said today.
http://www.rte.ie/news/2017/0212/852058-kenny-fitzgerald-mccabe/
"Why does Fianna Fil not believe that it is in the interest
of Garda Siochana...that the Garda Commissioner would
without prejudice stand aside while these hugh q... - RT -
Watch. Listen. Discover.

http://www.rte.ie/news/2017/0212/852029-bertie-ahern-brexit/

Cartel drug dealer


grabbed by throat and
told to 'back off'
http://www.independent.ie/irish-news/cartel-drug-dealer-grabbed-by-
throat-and-told-to-back-off-35443023.html
Training PSNI on the wrong side of the border training shoot the kill

thejournal.ie poll: In the wake of the latest Maurice


McCabe revelations, do you have confidence in the garda?
http://www.thejournal.ie/poll-mccabe-gardai-confidence-
323/
Liars Scammers and Thieves [Sez it all] please share
Did you ever wonder why people voted for liars scammers and
thieves?
Rigged elections treasonous traitors sold out our land and seas The
Judges and Gardai Civil Servants they party sure they know all the
scamsMoney deposited sanitized and laundered in Panama and the
Isle of Man
Liars scammers and this my friends Liars scammers and thieves
Now its hard to believe the bribes and payouts to liars scammers
and thieves
While the poor and homeless are living in bags out on my Dublin
Streets
People go to jail for refusing to pay for the propaganda machine
Presenters and DJs salaries and perks while people die on the
streets
Ireland is crying her children are dying evicted and show the road
The indignity of laying on hospital a trolley ashamed they stare at
the floor
The doctors nurses distressed by the cut backs the lies deceit greed
Not reported by media who lie and deceive you for Liars scammers
and Thieves
In a land of abundance beauty and wonder you wonder how this
could be.
The child rapes murders abuse and cut backs cover ups by crooked
TDs
Billions stolen assets sold and shifted to accounts overseas
Massive corruption abounds drunken clowns liars scammers and
thieves
Taxes and NAMA they try to scam ya so we gathered and fought for
our rights
Pepper sprays and batons but we stood our ground ready for the
thugs to fight
Disband the Gardai the Courts and the Army reclaim our country
Two bit gangsters dont have the answers they are Liars scammers
and thieves
Everybody knows the EUs a disaster full of parasites scammers and
thieves
Corrupted power junkies corrupt feckin monkeys bribes are
subsides
They have betrayed the ideals of the men of sixteen its so hard to
believe
Stop all the payouts pensions n perks for the liars scammers and
thieves

Hope to high heaven they have enough people in every


constituency to take on the musical chair parties.

Sinn Fin to bring motion of no confidence to Dil.


This Minority Government, Led by Fine Gael, is now operating
without democratic authority.
Finna Fail have allowed this government to cling onto power, on life
support, in a blatant attempt to ride out the storm of memory until
their own electoral ratings improve.
The result has been the ongoing crisis in health, housing and
homelessness. The compromising of our public services.
The cover up of scandals like NAMA and the Tusla/Garda McCabe
controversy.
Fianna Fil is keeping this wreck afloat, and in doing so,
compromising the health and well being of our nation.
A Sinn Fin government would not tolerate this behaviour. It is time
the citizens of this country are given a choice for a clear, responsible
and credible government.
I believe that Sinn Fin represents that choice.
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.

Honest, Humble, Strong Minded and most importantly. HE


CAN'T BE BOUGHT

Don't be fooled by Labours motivate here


Fianna Fil confirm it will abstain
from no confidence motion in
Government
Sunday, February 12, 2017
Fianna Fil has confirmed that it will abstain on a motion of
no confidence in the Government, this week.
The party says there are questions to answer and it will be
seeking further clarification from the Taoiseach on the
handling of the Garda whistleblower controversy.

But Fianna Fail's Expenditure and Reform Spokesperson,


Dara Calleary (pictured) says Sinn Fein's motion is not
what the country needs: "The motion of confidence that
Sinn Fein is putting down is entirely opportunitistic at this
point.

"All it is is political game playing, we want answers as to


what happened to this situation regarding Tusla and Sgt
Maurice McCabe and his family.

"This motion will not give those answers, we want to


ensure that a commission of enquiry is established, to
investigate all of the issues that are been highlighted not
just in the last number of days."
http://www.irishexaminer.com/breakingnews/ireland/fianna
-fail-confirm-it-will-abstain-from-no-confidence-motion-in-
government-776792.html
Fine Gael and Fianna Fil dispute
timeline of McCabe/Tusla events
Sunday, February 12, 2017
A new row has broken out between Fine Gael and Fianna
Fil - over when the Government found out about Tusla's
role in the Maurice McCabe affair.

Micheal Martin claims his party told the Tnaiste about


Tusla's role on Wednesday, 24 hours before it first
emerged in the media.

But Frances Fitzgerald has again tonight insisted she was


not told of Tusla's role, in the meeting with Fianna Fil's Jim
O'Callaghan on Wednesday night.

The Tanaiste insists she only learned of Tusla's role in the


scandal in media reports 24 hours later - despite being
aware of a meeting between McCabe and the Children's
Minister Katherine Zappone two weeks earlier.
http://www.irishexaminer.com/breakingnews/ireland/fine-
gael-and-fianna-fail-dispute-timeline-of-mccabetusla-
events-776799.html
Kenny: Criminal investigation into
Maurice McCabe affair not ruled out
Sunday, February 12, 2017
Taoiseach Enda Kenny has not ruled out a criminal
investigation into the Maurice McCabe affair as the
controversy threatens to engulf the Government.

As Sinn Fein prepares to table a no confidence motion


when the Dail returns on Tuesday, Mr Kenny said the
Government would have to wait for the Charleton
Commission of Investigation to get underway before
deciding the next course of action.

But he did not rule out the possibility of a criminal probe.

"In order to have a criminal investigation you have to


evidence of criminality. As the Charleton inquiry gets
underway, who knows what may arise here. So, I dont
rule that out, he told RTE.
He said he hoped the forthcoming inquiry would help to
get to the truth.

"The central issue here is, was there a programme of


systemic doing-down of Sgt McCabe based on erroneous
sexual allegations and rumours by senior police?
"It is about the truth and I hope that we can find that in
the shortest time and provide justice and understanding
so the people of the country that they can trust the
system."
The Taoiseach was also asked about the false and
damaging rumours circulating about Mr McCabe.
"I don't deal in rumours or allegations or hearsay. I have to
deal in fact".

OSullivan told
journalist met
abused girl
John Mooney
February 12 2017, 12:01am,
The Sunday Times

The former head of the garda press office says he


texted Nirn OSullivan to say a journalist had
interviewed a woman making unsubstantiated
allegations of sex abuse against Maurice McCabe.
The message, sent in February 2014, is said to be
proof the commissioner was aware of a smear
campaign orchestrated by force management.
The garda commissioner has denied the allegation
made by David Taylor, a superintendent she
suspended for passing sensitive information to
journalists almost two years ago. Taylor says
OSullivan responded to his text message by saying
perfect.
Taylor has also claimed he and his garda superiors
discussed stories written by journalist Paul Williams
in the Irish Independent in which the woman was
quoted as demanding an investigation into an
unidentified garda, now known
http://www.thetimes.co.uk/article/osullivan-told-journalist-met-
abused-girl-b5vwmckhf

What Nirn OSullivan says she didnt


know about the whistleblower scandal
Garda Commissioner Nirn OSullivan has repeatedly
denied knowledge of issues at the heart of the
whistleblower scandal.
Sunday, February 12, 2017
Heres what she said:
February 2017:
Brendan Howlin told the Dil on Wednesday he had been
informed by a journalist that other reporters had been
contacted by the commissioner and told about sex crime
allegations against Maurice McCabe.
The Garda press office said: This is the first occasion on
which the commissioner has been made aware of the
allegations made by Deputy Howlin.
January 2017:
The commissioner gave a wide-ranging radio interview to
RTs Sean ORourke.
On the treatment of whistleblowers, she said: Im not
aware nor was I aware of any campaign to discredit any
individual.
October 12, 2016:
The commissioner was questioned by the Oireachtas
justice committee on the treatment of whistleblowers.
She stated: I am not privy to, nor did I approve, nor would
I condone, any campaign of harassment or any campaign
to malign any individual employee.
October 7, 2016
Judge Iarfhlaith ONeil was appointed to examine claims by
former Garda press officer Supt David Taylor that senior
officers ran a smear campaign against Sgt McCabe.
The Garda press office said: Commissioner OSullivan
would like to make it clear that she was not privy to, nor
approved of, any action designed to target any Garda
employee who may have made a protected disclosure.
May 30, 2016:
John McGuinness told the Dil that former commissioner
Martin Callinan arranged to meet him in a hotel car park
days before McGuinness was to chair a Public Accounts
Committee hearing on the whistleblower affair, and told
him Sgt McCabe was not to be trusted.
The press office said: Commissioner OSullivan was not
aware of any private meeting between former
Commissioner Callinan and Deputy McGuinness as
outlined by Deputy McGuinness in the Dil.
May 2016:
Unpublished transcripts from the OHiggins Commission
revealed by the Irish Examiner show the commissioners
legal representative briefed the judge that he had been
instructed to attack Sgt McCabes credibility and
motivation throughout the hearings.
The tactic was not subsequently employed.
OSullivans initial response on May 16 was: I want to
make it clear that I do not and have never regarded
Sergeant McCabe as malicious.
She further stated on May 25: An Garda Sochnas legal
team was not at any stage instructed to impugn the
integrity of Sergeant Maurice McCabe or to make a case
that he was acting maliciously.
http://www.irishexaminer.com/ireland/what-noirin-osullivan-says-she-didnt-
know-about-the-whistleblower-scandal-442683.html
Enda Kenny has shed little light on the Tusla / Maurice
McCabe scandal that exploded last week in an interview
this afternoon.
Speaking to RT Radio's This Week, The Taoiseach said
that as "Minister Zappone was meeting Maurice McCabe in
a private capacity I simply said 'do make sure you have a
very thorough account of it'".
When asked again if he had known what was the context
of the McCabe - Zappone meeting, the Taoiseach replied
once more: "No, as she was meeting him in a private
capacity".
Fianna Fil to abstain from
vote of no confidence in
Government
The Taoiseach meanwhile says he isnt ruling out a criminal
investigation into the Tusla saga.
2 hours ago 25,187 Views 284 Comments
Share Tweet Email1
Text content

Source: Niall Carson


Updated 18.19
FIANNA FIL IS to abstain in next weeks vote of no
confidence in the government, meaning the motion will
almost certainly be defeated.
The decision will be formally ratified by the party at its
meeting on Tuesday before the vote, sources within the
party said this evening.
Supporting, or not voting against, Fine Gael in such
circumstances is part of the confidence and supply
agreement between the two parties in order to support the
current minority government.
However, this evening a clear division between the two
parties has emerged as to whether or not Justice Minister
Frances Fitzgerald knew about the issues between Tusla and
whistleblower Garda Maurice McCabe before last Thursdays
Prime Time broadcast.
Earlier Micheal Martin told RT that the partys spokesman
on justice Jim OCallaghan met with Frances Fitzgerald last
Wednesday evening to discuss the Charleton Commission of
Investigation and raised the Tusla story.

View image on Twitter

Follow

TheJournal Politics

Here's Frances Fitzgerald's statement contradicting


Fianna Fil's Jim O'Callaghan re Tusla and Maurice
McCabe
http://
bit.ly/2kkAJ1x
6:50 PM - 12 Feb 2017
 2 2 Retweets6 6 likes
Source: TheJournal Politics/Twitter

This evening Fitzgerald said in a statement:


Deputy OCallaghan said to me that Prime Time would have
a programme the following evening related to the
establishment of the Commission.
At no point did he mention Tusla or any of the details that
emerged in the programme. If deputy OCallaghan had
information concerning the Tusla file, why did he not raise
those issue during his statement on the Commissions terms
of reference which took place the following day?
Private capacity
Meanwhile, Taoiseach Enda Kenny has clarified that when
he said Minister for Children Katherine Zappone was
meeting Maurice McCabe in a private capacity, he meant
that the meeting was confidential.
A Government spokesperson this evening said that Minister
Zappone met Garda McCabe confidentially on Tusla-related,
highly sensitive issues that is what the Taoiseach means
when he says in a private capacity.

Earlier the Taoiseach said that he knew that Minister for


Children Katherine Zappone was meeting Sergeant Maurice
McCabe in late January but didnt ask what the meeting was
about.
Speaking to RT Radios This Week, The Taoiseach said that
as Minister Zappone, who is doing a very good job, was
meeting Maurice McCabe in a private capacity I simply said
do make sure you have a very thorough account of it.
So when we had our cabinet meeting on Tuesday I wouldnt
have had any details.
When asked again if he had known what was the context of
the McCabe Zappone meeting, the Taoiseach replied once
more: No, as she was meeting him in a private capacity.
Cabinet dealt with the terms of reference (of the coming
Charleton Commission of Investigation into the alleged
smear campaign against McCabe) and Minister Zappone has
made it clear that the terms of reference covered the things
she was discussing (with McCabe), the Taoiseach said.

Follow

Christina Finn

Taoiseach says Zappone was meeting McCabe in a


private capacity... Sorry, what?
1:28 PM - 12 Feb 2017
 6 6 Retweets9 9 likes
Source: Christina Finn/Twitter

He added that after the broadcast of last Thursdays Prime


Time programme regarding the ongoing Tusla saga,
Minister for Justice Frances Fitzgerald said she had no
problem having Tusla added to the terms of reference.
When asked about the 13 letters sent by a whistleblower to
Frances Fitzgerald late last year, as raised by Labours Alan
Kelly earlier this afternoon, the Taoiseach said I dont have
the details of those investigations.
Criminal investigation?
Kenny was more forthcoming on the possibility of a full
criminal investigation into the Tusla saga, as opposed to the
Charleton investigation which has no formal powers.
The central issue is to find out was there or was not a
scheme against (McCabe) based on erroneous allegations of
sexual misconduct, he said.
The conditions of the tribunal of investigation allow for a
criminal investigation, but I dont deal in endless allegations
and hearsay, theyre not valid in my book.
Asked directly if he isnt accepting calls for a criminal
investigation at present, the Taoiseach said:
Im not ruling it out either.
Brendan Howlin made his comments in the Dil the other
day, but in order to have a criminal investigation you have to
have evidence of criminality.
That may well happen when the (commission of
investigation) is completed. I wouldnt rule it out, and the
terms of reference allow for that.
Frances Fitzgerald
Source: RT
FRANCES FITZGERALD INSISTS that the first she knew of
the ongoing Tusla scandal regarding Sergeant Maurice
McCabe was when the story was broadcast on RTs Prime
Time last Thursday.
A clearly flustered Fitzgerald has undergone a torrid
interrogation session on RTs The Week in Politics, but has
stuck to her guns and insisted that her story is the truth.
Katherine Zappone telephoned me on the day she was
meeting Maurice McCabe, 25 January, I remember
distinctly taking the call, she said.
I said thanks for calling Katherine, and that was it.
Obviously I wasnt going to say yes or no, it wasnt my
business, that was the conversation I had with her.
Asked directly was she aware that Tusla had kept a false
allegation of sexual impropriety against McCabe on file for
nearly two years after it had been debunked, she replied no
I wasnt aware of that.
As Minister Zappone has clarified, she would have said
something (at cabinet) if she felt it needed to be said, she
said.
Asked why, as Minister for Justice, she had not followed up
on Zappones meeting with McCabe, who has been at the
centre of the whistleblower scandal for over three years,
Fitzgerald said:
I was respecting the integrity of her meeting with him
(McCabe). Maurice McCabe has been subject to an awful lot
of hassle. I did not know the facts as they emerged.
Independent TD Clare Daly replied that she was struck
dumb by Fitzgeralds assertions.

Clare Daly
Source: RT
The protected disclosure of Dave Taylor (former head of the
Garda Press Office) contained this information regarding
the child sex allegation. The idea you hadnt heard of it prior
to Prime Time is laughable, she said.
It was a protected disclosure, you dont discuss such
disclosures in detail, Fitzgerald replied.
Incompetence
Fianna Fils Justice Spokesman Dara Calleary said: You
honestly expect us to believe that you didnt even say to
Minister Zappone how did that meeting go?
Yes, because its the truth, Fitzgerald replied.
Thats incompetence, said Calleary.

Follow

Hugh O'Connell

Gripping . Frances Fitzgerald really struggling here.


12:28 PM - 12 Feb 2017
 16 16 Retweets24 24 likes
Source: Hugh O'Connell/Twitter

Labour TD Alan Kelly then said that he finds the story


incredible in terms of someone who has sat at cabinet and
knows how it works.
Ill tell you why. I have been contacted by another
whistleblower who sent 13 letters to the Minister for Justice
and in October last year he outlined how he had serious
concerns with Tusla.
If Minister Zappone contacted Minister Fitzgerald in terms
of Maurice McCabe, did alarm bells not go off in terms of
another whistleblower making contact regarding Tusla? Did
you not join up the dots?
Alan Kelly
Source: RT
I cannot investigate protected disclosures as Deputy Kelly
knows very well, said the Fitzgerald.
I was respecting the whistleblower and the integrity of the
meeting, Katherine Zappone said if it needed to be brought
to my attention she would have told me.
Its the truth, you can keep saying its not credible all you
like. I have never put in the public arena any issues that
would be damaging to Maurice McCabe. If I had information
about Tusla, why would I withhold it? What good would that
do me? she asked.
It is quite obvious that cabinet has broken down and that
Fine Gael are trying to throw Katherine Zappone under a
bus, Kelly replied.
Commission to investigate
Martin Callinan's phone records
for 2 years but Fennelly report
says SIM was destroyed when
he left office
Image: Sam Boal/RollingNews.ie
/Photo Text content
TAOISEACH ENDA KENNY has approved an investigation
into how allegations from two garda whistleblowers were
handled by Tnaiste Frances Fitzgerald.
The decision comes as Cabinet was presented with a report
today regarding the protected disclosures made by members
of An Garda Sochna to the Minister for Justice and
Equality Frances Fitzgerald.
The former High Court judge was tasked with reviewing the
situation after two protected disclosures were made to
Fitzgerald by garda in early October.
In response to a Dil question posed by John Curran of
Fianna Fil, Enda Kenny said that the issue had been
discussed earlier today.

The Cabinet gave approval to the Minister for Justice and


Equality to initiate a commission of investigation into the
outcome of the information sent in by the personnel
involved.
The report will be published in redacted form because it has
to be published in redacted form.
The Minister [Frances Fitzgerald] is making a statement
about that now. A judge has been appointed to conduct the
investigation.
Fianna Fil justice spokesperson Jim OCallaghan said
although the report compiled by retired Judge Iarfhlaith
ONeill has not yet been made public, he welcomed the
establishment of a formal inquiry.
We now look forward to Judge Peter Charleton working
towards a speedy conclusion to his investigation so that we
can get to the truth of these matters as soon as possible.
An Garda Sochna said they welcomed the investigation
and will co-operate fully so that the truth and facts are
established.
this hearsay crack is mighty altogether..
http://www.rte.ie//20/0212/852058-kenny-fitzgerald-
mccabe/
"Mr Martin said at that stage Fianna Fil had been alerted
to the existence of the Tusla file and he had spoken to Sgt
McCabe on Wednesday in relation to it.
He said he was anxious that the terms of reference would
cover the Tusla file, and Mr O'Callaghan had met Ms
Fitzgerald and alerted her to its existence and the need to
cover it in the terms of reference."
GET MR. O'CALLAGHAN to SAY IT... or might he say.. "no
actually I only mentioned Tusla by name not its
allegations".. hmmm and this is the crowd that are
BACKING THE GOV !!! ...
Fitzgerald denies knowledge of McCabe allegations
Minister for Justice Frances Fitzgerald has said she had no
knowledge of the circumstances surrounding a false allegation of
sexual abuse against the garda whistleblower Sgt Maurice McCabe
until details were revealed on RT's Prime

It destroyed me' - Garda


whistleblower on penalty
points scandal
WARNING
Article from Jan **2014**
Hard to BELIEVE this all started over PENALTY POINTS??

Garda Commissioner Martin Callinan


may take legal action to halt PAC
quizzing whistleblowers
Brian Hutton, Press Association
PUBLISHED
23/01/2014
O
More than 200 senior Garda officers
inappropriately - and in most cases
corruptly - wiped penalty points from
driving licences, new evidence handed to a
powerful parliamentary watchdog claims.
In fresh allegations passed to TDs today, a serving
whistleblower from within the force - a sergeant with
around 30 years experience - also asserts that his life has
been destroyed by the controversy.
"Having been treated the way I was for reporting the
above. I don't think that I would do it again," he wrote to
the Dail's Public Accounts Committee (PAC).
"It destroyed me, my career and my family."
Allegations of wrongdoing by senior gardai in operating
the fixed penalty notice system have already been
investigated by the auditor and comptroller general and
internally by the force's assistant commissioner John
O'Mahony.
Both reports were released last year.
But the PAC, which oversees the use of public money,
plans to take evidence from two whistleblowers - one
serving and one retired, John Wilson - on the claims next
week in a move which has infuriated Garda Commissioner
Martin Callinan.
Before the committee, Mr Callinan said he will take legal
advice on what action is open to him ahead of the planned
hearings.
The Garda chief also hinted at possible disciplinary action
against the serving officer, who is now under supervision
any time he wants to use the force's computerised record
system Pulse.
Mr Callinan told the parliamentary watchdog that it was
"fundamentally wrong" that classified information is being
passed to TDs in an attempt to make unsubstantiated
claims of wrongdoing.
"Frankly, I think it's quite disgusting, on a personal level I
find it quite disgusting," he said.
Later challenged by Sinn Fein TD Mary Lou McDonald
about the strong remarks, the Commissioner insisted he
stood over them.
"It is a strong term, it's my view," he agreed.
Mr Callinan said he did not want to suggest that he would
take disciplinary action against the serving whistleblowers
but warned he could not cede control of his rank and file.
"I can't in all fairness, I can't have a situation where
members of An Garda Siochana are coming and making
very serious allegations of a criminal nature and
disciplinary nature and using a platform such as this
committee to air their grievances without having a
response," he said.
The Commissioner said he has not yet seen the allegations
sent to the committee - which has since had personal
details removed to protect identities of those involved in
the alleged wrongdoing.
The committee has offered him the chance to see the
material.
"These individuals have responsibilities as well, and
making allegations that cannot be substantiated on regular
basis is a particular difficulty that I may have to deal with,"
said Mr Callinan.
"I can not allow a situation to continue where information
is being bandied around."
He said he has to seriously consider his own position and
the position of the whistleblower over the controversy, and
that he has been advised that both he and the
whistleblower could be guilty of breaching data protection
laws.
The country's most senior police officer said he needed to
retain control of his own force and couldn't have
thousands of officers investigating each other and making
complaints outside internal processes.
There is a difference between exposing wrongdoing and
leaking large volumes of information, he said.
But John McGuinness, committee chairman, said the
watchdog had taken its own legal advice, and was assured
the evidence - now redacted - was fully compliant with the
Data Protection Act.
The Fianna Fail TD said the PAC had been handed new
evidence from one of the whistleblowers ahead of today's
hearing at Leinster House, in which it is alleged more than
200 senior garda officers terminated "fixed charge notices
inappropriately and in most cases corruptly".
http://www.independent.ie/irish-news/it-destroyed-me-garda-
whistleblower-on-penalty-points-scandal-29945149.html

Name and shame


the rumour-mongers
who slurred Maurice
McCabe
justine mccarthy

On April 12, 2014, the Irish Independent published


a report beneath the headline: Girl wants new
probe into alleged sexual assault by garda. Written
by Paul Williams, a crime correspondent, it said: A
young woman who was allegedly sexually assaulted
as a child by a serving garda claims the incident
was covered up through a botched investigation.
The woman claims she was six when a colleague of
her garda father abused her. Both men are still
serving members of the force.
Any journalist who had contemplated reporting on
the allegations of misconduct being made by the
whistleblower Sgt Maurice McCabe recognised him
as the unidentified garda in Williamss story. For we
had been warned to treat McCabe with the utmost
suspicion. Generally, it was crime
Two days before the report was published on May
11, the RTE crime correspondent Paul Reynolds
reported extensively from exclusively leaked
extracts that Higgins had found McCabe prone to
exaggeration, and while some of his complaints
were upheld, others were proven to be overstated,
exaggerated, unfounded and ultimately withdrawn.
None of this is to impute wrongdoing by Williams,
Reynolds or their colleagues. Journalists rely on
contacts for information. Protecting sources
anonymity is a cunt
http://www.thetimes.co.uk/article/name-and-shame-the-rumour-mongers-
who-slurred-maurice-mccabe-sl29g5f7c
Just a little reminder for anyone that has forgot, Frances
Fitzgerald when Minister for children set up Tulsa, then
was appointed Minister for Injustice ... has the penny
dropped yet
Zappone did not
brief Cabinet on
'confidential
information'
Updated / Friday, 10 Feb 2017 22:44

A spokesperson for Minister Katherine Zappone said that she had


informed "relevant Government colleagues" of the circumstances
of the case involving Sgt McCabe and Tusla
This is the actual article body
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. 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 said the minister
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.

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
 49 49 Retweets56 56 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.

Second garda
whistleblower says
senior officer behind
another Tusla
referral
Updated / Friday, 10 Feb 2017

Garda told Justice Minister of Tusla notification


This is the actual article body
This is not the first Tusla notification in relation to a
whistleblower that has come across a minister's desk
in recent months, 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.

Whistleblower
inquiry terms to be
widened - Tnaiste
Updated / Thursday, 9 Feb 2017

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'."
A spokesperson for Minister Katherine Zappone said that she had
informed "relevant Government colleagues" of the circumstances
of the case involving Sgt McCabe and Tusla
This is the actual article body
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. 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 said the minister
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.
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
 49 49 Retweets56 56 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.
Tnaiste issues statement this
evening as the political crisis
grows

Stinks to high heaven: Commissioner appointed her


husband to oversee 'investigation'
The Garda's internal "whistleblower"
scheme has been almost totally ignored by
members of the force, the Sunday
Independent can reveal.
The only official estimate, given last year by Commissioner
Noirin O'Sullivan, is that "fewer than 10" gardai have come
forward since the force's Protected Disclosures Manager
office was set up a year ago.
This "fewer than 10" figure is understood to include those
already in the public domain.
Sources say few members of the force are convinced by the
Commissioner's public statements that whistleblowers will
be treated fairly and sympathetically.
Few gardai have even bothered to make inquiries about
the Protected Disclosures Manager's office, believed to be
located in the Garda Commissioner's office in Phoenix
Park.
It is understood a garda chief superintendent has
'responsibility' for the office which was set up in the
immediate aftermath of Judge O'Higgins's inquiry into the
events Maurice McCabe flagged up at Baillieboro Garda
Station and its surrounding controversy.
Commissioner Noirin O'Sullivan gave the "fewer than 10"
figure at a public meeting of the Policing Authority after
the O'Higgins report.
No further gardai appear to have been prepared to speak
about corruption or mismanagement in the 12,000-strong
force.
At the Policing Authority public meeting the
Commissioner gave assurances that she and her managers
were fully supportive of whistleblowers and even
welcomed the idea.
When pressed on what was being done to encourage
whistleblowers (under the 2014 Protected Disclosures Act,
a piece of legislation that took 14 years in gestation) the
commissioner told the authority that a new internal
system for dealing with whistleblowers was in place.
When pressed later by the head of the authority, Ms
Josephine Feehily, at the June public meeting, the
Commissioner admitted that despite the supposed
arrangements of encouraging and protecting
whistleblowers "less than 10" had come forward but she
did not give an exact figure.
It also emerged that an email to all gardai and civilian staff
about the establishment of the Protected Disclosures
Manager had gone out only on the morning of the public
meeting with the authority.
But gardai say the idea of becoming a whistleblower
became anathema in the aftermath of the May 2015 order
by Commissioner O'Sullivan to arrest the former head of
the Garda press office, Superintendent David Taylor for
alleged 'unlawful disclosure' of information.
He was arrested, stripped of his superintendent epaulettes
and shoes and held in a cell in Balbriggan Garda Station
for 22 hours in May 2014.
The Commissioner appointed her husband, Jim
McGowan, still then a superintendent, to oversee the
'investigation' which has, nearly three years on, produced
no evidence against Superintendent Taylor who remains
suspended from duty on reduced pay.
When asked by the Sunday Independent if there was any
'conflict of interest' issue over her husband's involvement,
Commissioner O'Sullivan, at a press conference in 2015,
said she saw none. She also said she had not instructed
any senior gardai not to communicate with journalists.
A team of up to 18 gardai including the Commissioner's
husband were involved in the initial investigation into
David Taylor and this number had increased, it is
understood, to around 30 gardai.
Tonight's essential viewing - special on & the
political fallout. Earlier time of 22:35 on
I'd like to know which TDs gave a standing ovation to the
notion that 's claims were false!

It's not only the Commissioner that needs to go _ the


Justice Minster should join her
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:
Why did the counsellor contact a garda directly?
Did this garda personally know Maurice McCabe?
Did this garda personally know the counsellor?
When did the garda and the counsellor first discuss
Maurice McCabe?
Why was no effort made to investigate the veracity of the
allegations by either the garda or Tusla?
Why did the complainant make such an allegation if she
did and then completely refuse to co-operate with
Tusla?
Did the complainant have any contact with any member of
An Garda Sochna before making her complaint, if she did
in fact make it?
How was the clerical error discovered?
Why was Sgt McCabe not notified, either about the original
allegation, or the discovery of the error?
When did Nirn OSullivan become aware of the matter, if
she is aware of it?
Why if she was made aware of it in 2014 did she not
inform Sgt McCabe, as she was surely obliged to do?
Was her predecessor Martin Callinan aware of it?
Was the Minister for Justice briefed on this matter?
Do we have Tuslas answers 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 McCabe.
Special correspondent, on who else may be damaged in
the ongoing pursuit of truth in this case.

THE truth comes dripping slowly. There has always been


two parts to the Maurice McCabe story.
The first involves his complaints about malpractice within
An Garda Siochana. This malpractice took different forms,
including poor and shoddy policing, the covering-up of
poor and shoddy policing, the ill-serving of victims of
crime, and disregard for road safety through the abuse of
the penalty points system.
Much of that has been dealt with, mainly through Sgt
McCabes persistence and courage. He was also assisted
along the way by politicians such as Clare Daly, Mick
Wallace, John McGuinness, and Fianna Fil leader Micheal
Martin.
Whether Martin and even McGuinness would have lent
McCabe an ear had they been in government is a moot
point. But those who were in power with the possible
exception of Social Protection Minister Leo Varadkar
were slow enough to take interest in what McCabe was
exposing.
The second part to the Maurice McCabe story is every bit,
if not more, disturbing than the substance of what he blew
the whistle on.
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?

The allegations around this episode go way beyond any


attempt to paint McCabe as a malcontent. According to
Supt David Taylor, who has made a protected disclosure
on the matter, there was a concerted effort to destroy
McCabe, to completely assassinate his character, to
render him a person with absolutely no reputation.
Now there is to be a commission of investigation, chaired
by Judge Peter Charlton, to examine whether there was a
concerted effort to destroy McCabe. The terms of
reference, to be published today, will give some hint as to
whether there is a reasonable chance of getting to the
truth.
The attempt to burrow down to the facts has got off to a
good start with the choice of chairman. Judge Charlton
was a senior counsel for the Morris Tribunal, which
examined garda malpractice in Donegal. He knows how
the bodies can be buried.
He knows that the average guard is decent and
honourable, but that pressure can do strange things to a
man or woman, and that the dust kicked up by circling
wagons can blur any sense of right and wrong.
There have been a few hints as to the extent gone to in
order to bury McCabe and the truth he was attempting to
have examined.
There was the business over the computer seized from a
priest who was convicted of child sex abuse offences. The
computer went missing. The priests bishop came looking
for it, and guess who got fingered with the blame?
McCabe was subjected to a disciplinary process that went
on for 18 months, despite the fact that he had nothing to
do with the missing computer. He managed to defend
himself with a little help from a friend inside the force.
The OHiggins Commission reported that it was
understandable that McCabe felt this was an attempt to
wreak some form of reprisal on him for whistleblowing, but
the commission found no actual evidence that he was set
up.
Still, can you image the headlines if McCabe hadnt been
on the ball The whistleblower and the child porn
computer? How many politicians of any hue would have
shown interest in him after that? What would the average
person think of somebody who was mixed up with child
pornography?
If McCabes suspicions were correct then this was a vile
attempt to assassinate his character.
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.
Every effort was made to those within the Garda
Siochana at senior level to discredit Garda Maurice
McCabe, McGuinness told the Dil last May.
The Garda Commissioner confided in me in a carpark on
the Naas Road that Garda McCabe was not to be trusted
and there were serious issues about him.
McGuinness, who had by then met McCabe, dismissed the
commissioners concerns. He simply did not believe what
the head of the police force was telling him about one of
his officers.
There is an allegation that there was an attempt within the
OHiggins Commission which was examining McCabes
claims of malpractice to discredit him. This originated
with comments from the barrister acting for Garda
Commissioner Noirin OSullivan that he intended to attack
McCabe and question his motives all the way.
OSullivan has denied that she issued any such
instructions. If this were an isolated incident, it might
credibly be dismissed. But it is not isolated, and the
evidence produced in this newspaper and elsewhere
suggests that there is a case to answer as to whether
McCabes character was targeted in the commission. Any
attempt to access the truth in the forthcoming inquiry will
have to examine what happened in OHiggins.
All of these happenings may be coincidences, if you
believe in such things. All are also small potatoes
compared to the allegations contained within the
protected disclosures on which the forthcoming
commission is based.
The main witness will be Supt Taylor. He was head of the
Garda press office in 2013-14 when the main element of
an alleged campaign against McCabe was underway. He
has made a protected disclosure outlining his role in
briefing against McCabe to the media, and what he alleges
was the participation and knowledge of all senior
management, including the current commissioner, of the
campaign.
Among his allegations is that an intelligence file on
McCabe had been established, something that is usually
reserved for serious criminals.
OSullivan has denied any knowledge of a smear
campaign.
Taylor has been suspended for 21 months now on an
allegation concerning the release of information to the
media, a relatively minor matter compared to what he has
admitted to in his disclosure.
By contrast, Justice Minister Francis Fitzgerald has
suggested that there is no requirement for the
commissioner to stand aside while Judge Charltons
inquiry is conducted, despite calls for her to do so.
These are allegations and there is no prima facia case
against anyone, the minister said yesterday. So
allegations against a superintendent require him to step
aside on reduced pay while an investigation is
conducted, yet a commissioner can just carry on while
even more serious allegations are examined.
The truth has come dripping slowly, and it remains to be
seen who else may be damaged on its descent.

Garda corruption claims not


substantiated, says Shatter
Opposition TDs call for Dail debate on commission report
Mon, May 9, 2016, 21:07 Updated: Mon, May 9, 2016, 21:29
Michael O'Regan
Former minister for justice Alan Shatter. Photograph: Brenda Fitzsimons/The
Irish Times
Former minister for justice Alan Shatter has said some
of the major allegations of Garda corruption made in the
Dil could not be substantiated.
Reacting to the OHiggins commission report, he said he
had discovered in his time as minister a substantial
number of failures were not ignored, as had been alleged
by Sgt Maurice McCabe.
They were comprehensively investigated, he told RT
News. Indeed a number of investigations were well
established.
Mr Shatter resigned as minister after a report by senior
counsel Sen Guerin accused him of not heeding Sgt
McCabes complaints.
: People living close to Garda stations feel no safer,
report finds
: Analysis: Garda must abandon cultural fear of
opening up
: Over 40% of crime victims frustrated with Gardas
response
Immediate publication
He called for the immediate publication of the OHiggins
report and said it was beyond bizarre that people were
learning what it may include as a result of a series of
leaks.
I am in the very odd situation where I can reference
some aspects of it because people have leaked them . . . I
cannot confirm if the leaks are true or not, he said.
The Department of Justice has said Minister for Justice
Frances Fitzgerald needed to establish whether there
was anything in the report that might prejudice criminal
proceedings before it could be published. If there was
nothing prejudicial, it would be published very shortly,
the department said.
Mr Shatter said there was no legal impediment which
should have resulted in taking so long to publish the
report. He said the Fennelly report had been published
within 24 hours of the government getting it.
Fianna Fil justice spokesman Niall Collins called on Ms
Fitzgerald to publish the report. It is now a fortnight
since the Minister for Justice received the report and,
while it has been substantially leaked, it remains to be
published.
It is not good enough that the contents of such an
important report are leading news bulletins while elected
representatives have yet to see it.
Heroic role
Independent TD Mick Wallace, who with fellow
Independent Clare Daly raised Garda whistleblower
claims in the Dil, said he believed Sgt McCabe acted in
the public interest.
I believe there should be a full Dil debate on the report
when everybody has a chance to read it in full, Mr
Wallace said.
Ms Daly said Sgt McCabe had played a heroic role in
the process to reform of An Garda Sochna.
Judge Peter Charlton
http://www.irishtimes.com/news/politics/garda-corruption-claims-not-
substantiated-says-shatter-1.2641489
Garda Commissioner claimed Maurice
McCabe was motivated by malice
Friday, May 13, 2016
Michael Clifford
Garda Commissioner Nirn OSullivan claimed Sgt Maurice
McCabe was motivated by malice when he highlighted
malpractice in the force, documents from the OHiggins
Commission of Inquiry show.

At the very early stages, the inquiry was told by senior


counsel for Ms OSullivan that evidence would be
produced to show that Sgt McCabe had told two other
officers that he was making his complaints because of
malice he harboured towards a senior officer.
The inquiry was informed that the two officers had taken
notes at the meeting in question and prepared a report
which was forwarded to a senior officer.
However, a few days after the submission, Sgt McCabe
informed Mr OHiggins he had a tape recording of the
meeting in question.
The commission took possession of the recording and
arranged for a transcript to be created.
Mr OHiggins indicated that the transcript coincided
precisely with Sgt McCabes version of events and was in
conflict with the allegation that he had told the two
officers he was motivated by malice.

Maurice McCabe

Following that, no evidence to show malice was called


from the two officers who were at the meeting.
However, the failed attempt to impugn Sgt McCabes
character did not appear in the OHiggins report. The
retired judge stated that Sgt McCabe was an entirely
truthful witness and his bona fides were fully accepted.
The documents show that, at the commission, Mr
OHiggins asked the commissioners lawyer whether you
are attacking his [McCabes] motivation and attacking his
character.
The reply from Colm Smyth, SC, was: Right the way
through.
He told the judge that he was acting on instructions.
Sgt McCabes counsel, Michael McDowell, objected in the
strongest terms to the course being taken by Ms
OSullivan.
Attacking one of our own members of our force who is in
uniform and on oath when in circumstances where in
public she promoted him to a professional standards unit,
and in public she has indicated that she accepts that he
was acting in good faith et cetera, et cetera, and in private
she sends in a legal team to excoriate him.
Nirn OSullivan

At the inquiry, the commissioner was represented by the


same counsel as two of the officers against whom Sgt
McCabe had made allegations.
A Garda spokesperson said the commissioner was barred
by statute from commenting on the commission.
In May 2014, then acting commissioner Ms OSullivan told
a joint Oireachtas committee that Sgt McCabe had the full
support of garda management.
In September 2014, after Sgt McCabe raised further
concerns about the penalty points system, the
commissioner appointed him to the Professional Standards
Unit to assist in reforming the system.
The OHiggins report published on Wednesday described
Mr McCabe as a dedicated and committed officer. It said
the sergeant was a person who acted out of genuine and
legitimate concern and that the commission
unreservedly accepts his bona fides.
The inquiry vindicated former justice minister Alan
Shatter, who had resigned after criticism of him in the
Guerin Report, which preceded OHiggins.

Shatter out the gap after bruising


political week
Thursday, February 20, 2014
By Mary Regan, Deputy Political Editor

AND so Alan Shatter has lived to fight another day.


Forced into an embarrassing climb down on the GSOC
bugging controversy and having to sack an old
acquaintance and political donor, it was a bruising 24
hours for the embattled justice minister.

Not only was he scrambling to contain the numerous


questions still floating around about if, why or who carried
out spying at the ombudsmans office, but he also had to
face down calls for his resignation.

Sinn Fin told the Taoiseach Mr Shatter should be relieved


of his duties, while Fianna Fil said his position is no
longer tenable.

But the minister appears to have fought off the latest


onslaughts and emerged bruised and weakened, yes.
But fighting for his political career? Not really.

Here is why:

He found a fall guy.

This is a useful thing for any politicians facing an


onslaught of public criticism.

This came in the form of someone who has helped him out
before.

Oliver Connolly, who had donated 1,000 to Mr Shatters


election campaign in 2007, and was appointed as the
confidential recipient for concerned garda in 2011, was
yesterday relieved of his duties.

Mr Connolly, a respected barrister, was given the task of


being a private point of contact for any members of the
garda who wanted to raise concerns about issues in the
force.

In June 2011, Mr Shatter said: Any member or civilian


employee of An Garda Sochna who wishes to report in
confidence about corruption and malpractice can be
assured that any such report will be taken seriously and
extensive protection will be given to him or her.

But then, a transcript came to light of a conversation that


took place when a whistleblower tried to do just that.

Ill tell you something Maurice, and if this is just personal


advice to you, if Shatter thinks youre screwing him youre
finished...

And it happened before Mr Connolly fulfilled his duty and


dealt fully with his complaints in the process set out for
him.

The office was due to be done away with in any event, as


Shatter announced in the Dil last month.

But nevertheless, the Taoiseach told the Dil he would be


relieved of his duty.

So thats that dealt with then. Decisive action was taken,


and that will draw a line under the messy whistleblower
issue for how.

Mr Shatters spokesperson would not say last night if the


minister would apologise to Mr McCabe for telling the Dil
in October he had failed to co-operate with an internal
garda inquiry on the penalty point issue. The Taoiseach
dealt this morning with the relieving of Mr Connolly of his
duties, was the unsurprising response.

nHe set up an inquiry (well, review).

Yes, it was an embarrassing climbdown from his earlier


insistence that to set up an independent inquiry into
claims of surveillance at the Garda Sochna Ombudsman
Commission would amount to undermining its
independence.

But it was well worth any bit of embarrassment it might


have brought, because it allows the Government to wash
its hands of the issue for a while.

Mr Shatter appeared before the Oireachtas Oversight


Committee last night and put up a robust defence.

But now it is over to a former High Court judge to review


all of the documentation and all of the reports that have
been produced on this matter to date, the Taoiseach said
of the process that will take eight weeks.

Until then, they must be given time and space to


examine the issue unhindered and without
interference.

GOVERNMENT backbenchers, for the most part, lined up in


chorus to sing the same tune last night that (while the
opposition and media are to blame for the saga so far) it
was now time to allow the independent person finally put
some clarity to this.

No Smoking Gun:

There might have been a big puff of smoke around the


GSOC story from the start, if Government spin doctors
were to be believed, but there was none of that other
political clich the smoking gun.

There was no definitive evidence of bugging or no


tangible proof of the variety that anyone who worked
outside the surveillance technology industry understood in
a way that would allow them to pin the blame on anybody.

Instead, there was one complicated explanation against


another and sometimes deliberate confusion so that
the whole thing looked a little shady but not much more.

And as a result, the public were not engaging on the issue,


according to Government TDs.

And if backbenchers are not getting it in the neck then, in


most cases, neither will the minister.
His colleagues stood by him:

Labour were more than willing to take the credit for an


independent review of the GSOC controversy after it was
announced following Tuesdays cabinet meeting.

But apart from wanting a line to be drawn under the story,


to stop further revelations from tumbling out, they did
not seem all too concerned.

In fact, over the weekend, they didnt want an


independent inquiry at all or at least Eamon Gilmore
didnt feel the need to call for it when asked three times
by Bryan Dobson on RTs The Week in Politics.

Nevertheless, they spotted an opportunity, and told


reporters yesterday they had pushed the cabinet to put in
place an independent person and a process that people
could have faith in.

The party appears to be genuinely of the view that Shatter


has little to answer here and that he is caught up in a row
between the Garda and GSOC.

On the treatment of the garda whistleblower, Maurice


McCabe, Labour has little or nothing to say.

A spokesperson for Labour ministers would not say last


night whether it supported calls for Mr Shatter to
apologise for the way Mr McCabe was treated. Neither did
the spokesperson want to comment on whether a Dil
statement was needed to correct the record from earlier
misrepresentations.

Communications Minister Pat Rabbitte said if a mistake


was made, that ought to be corrected. But he added he
hadnt heard the earlier debate on it.

My schedule this morning didnt permit me to listen to


any of the noise that has been going on all day and I
wasnt in the House for Leaders Questions.
The party will come under further pressure to explain its
backing for Mr Shatter when one of its senior ministers
takes Leaders Questions in the Dil today.

Thursday is an important day on the political week. Not


only is the pressure of the bit weekly event passed onto
Labour, but if they manage to get through it, there is
usually a nice breathing space ahead to allow things to
settle down.

And if Mr Shatter has made it through this dramatic week


that has passed, then its likely hell be out the gap for
now of this long running saga.
http://www.irishexaminer.com/ireland/shatter-out-the-gap-after-bruising-
political-week-259361.html#.UwYX7hpwZUg.twitter
Garda scandal - Whistleblower did a
real public service

Friday, November 22, 2013


Leaking confidential information can be highly dangerous.
Of course, this may depend on the motive of the individual
leaking the information. If it is to expose official
wrongdoing, it can serve a very useful purpose.
A scandal is brewing over reports some high-profile people
had penalty points for road traffic offences dropped. In a
republic, everybody is supposed to be equal before the
law, but there were allegations that some people were
being favoured in such matters.

A Garda report published in May dismissed many of the


allegations and suggested that the cancellation of points
was a relatively minor issue. Last month, the Comptroller
and Auditor General (C&AG) disclosed that the culture of
erasing penalty points was more widespread than had
been predicted, but his alarming report attracted little
attention.

His report was compiled with the help of disclosures from


a whistleblower. The Garda Sochna Act 2005 allows for
disclosure to the C&AG, and there were no objections to
those disclosures.

Whistleblowers have challenged the manner in which the


unacceptable culture of erasing penalty points has been
played down. A whistleblower within the Garda force
handed over extensive files to John McGuinness, the
chairman of the Dils Public Accounts Committee (PAC),
on the basis that the cancellation of the offences had cost
the exchequer a substantial amount of money.

Garda Commissioner Martin Callinan has demanded the


return of those files. He also complained to the data
protection commissioner, which warned Mr McGuinness
that possession of these files may be a breach of the Data
Protection Act.

It would seem, however, that Mr McGuinness has the law


on his side. The Data Protection Act 1988 specifies that
data may be disclosed if required for the purpose of
preventing, detecting, or investigating offences,
apprehending or prosecuting offenders of assessing or
collection of any tax, duty, or other moneys owed or
payable to the State.

In addition, the Garda Sochna Act 2005 entitles


individual garda to reveal confidential information to a
member of either of the Houses of the Oireachtas where
relevant to the proper discharge of the members
functions. In this instance, the whistleblower provided the
information to the chairman of the PAC, who has a
responsibility for keeping an eye on public monies.

It would seem the whistleblower did a real public service.


Even Justice Minister Alan Shatter seemed to encourage
that if the whistleblowers depiction of the material was
accurate, he should put it into the public domain. Thus,
there are grounds for suspecting that the whistleblower is
more in command of his responsibilities and powers than
Mr Callinan. Transport Minister Leo Varadkar described the
whistleblower as a highly credible individual, which is
more than can be said for those who have tried to
downplay this disgraceful situation.
The longer this scandal drags on, the more it calls into
question the credibility of the garda to investigate
themselves.
http://www.irishexaminer.com/viewpoints/ourview/garda-
scandal--whistleblower-did-a-real-public-service-250444.html

The Charleton Inquiry - Any delay in


report will add to crisis
Friday, February 10, 2017
Irish Examiner Editorial
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.
advertisement

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.
http://www.irishexaminer.com/viewpoints/ourview/the-
charleton-inquiry--any-delay-in-report-will-add-to-crisis-
442532.html

Garda right now are like the cat with 9


lives - they're up to life 14'
While a Commission of Investigation is to examine
whether there was a smear campaign against Sergeant
Maurice McCabe, the Government insists the Garda
Commissioner has its full confidence.
Sunday, February 12, 2017
However Cormac Lucey, former advisor in the Department
of Justice, believes Noirn O'Sullivan needs to go.
Here you're either all-in or you're not in, so either we have
a Garda Commissioner there with full Government
confidence or we don't. "I think the question is why does
the Government, or does the Government have full
confidence in the Garda Commissioner right now - if I were
in their position I wouldn't. I think the Garda right now are
like the cat with nine lives, they're up to life 14 at this
stage."
Earlier: Sinn Fin is to table a motion of no confidence in
what it describes as a "kick for touch, cover up"
government.

The move follows a week of pressure on the Government


over hospital waiting lists and the latest revelations about
an alleged smear campaign against Garda whistleblower
Maurice McCabe.

Fianna Fil's arrangement with the Government requires it


not to support any motion of No Confidence, but Sinn Fein
says it will encourage Fianna Fil to support its move.

Sinn Fin Deputy Leader Mary Lou McDonald said the


health crisis is a factor in tabling a motion of no
confidence in the Government, but the situation involving
Sergeant McCabe is of major concern.

"I suppose it is the turn of events around the scandalous


campaign of vilification and character assassination
against Sergeant Maurice McCabe, and the way in which
the Government has failed to protect his interests and the
interests of citizens more broadly in this very shocking
scenario."
She said that the hospital waiting list scandal has
"exposed the government's complete failure" in what she
describes as a crisis in the health service.

Yesterday, Sinn Fin President Gerry Adams called for a


General Election.

Speaking in Belfast on the controversy surrounding


Sergeant Maurice McCabe, he said that the Fine Gael led
government is '"stumbling from one crisis to another".

"They have covered up on the NAMA scandal and they are


now playing the public for fools on the
Garda/Tusla/McCabe controversy."

Mr Adams said that if his party was in government, they


would not tolerate it.

He added: "People deserve an election. They deserve to


have their say on all of these matters.

Also yesterday, the HSE said it is apologising unreservedly


to Mr. McCabe and his family for the distress caused on
foot of this error.
"The HSE is making arrangements to offer this apology
formally to Mr. McCabe as soon as possible," the
statement said.

The HSE said it will fully co-operate with any Inquiry or


Investigation into this matter.

Sinn Fin is to use its Dil time on Wednesday to table the


motion of no confidence, with a vote the following day.

A Town Called Malice - Nirn O'Sullivan is now in a serious


Jam
Minister for Children Katherine Zappone is under pressure
to explain why she failed to inform Cabinet colleagues
about false sex abuse allegations against whistleblower
Sgt Maurice McCabe.

Terms for an inquiry into an alleged garda smear


campaign are set to be extended after a fresh political
crisis engulfed the Government over how Sgt McCabe was
treated.
Meanwhile, RT has reported a second case of a Garda
whistleblower who claims they were referred to Tusla as
part of a campaign of harassment involving garda. Justice
Minister Frances Fitzgerald was allegedly told of a child
protection referral for the garda whistleblower last
October, made by his garda superiors.
Ms Zappone is facing mounting questions about why she
did not tell Cabinet colleagues about a Tusla file with false
child sex abuse allegations against Sgt McCabe. She said
it would have been inappropriate to brief colleagues on
the issue.
The child and family agency said it was giving Sgt McCabe
an apology, after it emerged the file was on its database
for two years without his knowledge.
Rocked by the further grievances against Sgt McCabe, the
Government said the Tusla blunder would specifically be
included in the commission of investigation. The Cabinet
will discuss this next week, before a Dil vote on the terms
on Thursday.
However, a series of accusations and questions now face
Ms Zappone and Ms Fitzgerald. There are questions about
how much the ministers knew and shared about the false
allegations after Sgt McCabe met Ms Zappone last month.
Ms Zappones spokesman said yesterday that she met Sgt
and Mrs McCabe on January 25, after becoming aware of
the Tusla file the previous week.
A statement added: 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.
But the justice minister, overseeing the terms for the
inquiry, said she was only told of the two meeting and not
any details on confidential Tusla records.
The terms of the inquiry also specifically referred to a
complaint of criminal misconduct against Sgt McCabe and
whether this allegation was used against him, added a
statement.
Taoiseach Enda Kennys spokesman also said he only
became aware of the false Tusla accusations on Thursday
night, when they featured on an RTE Prime Time
programme after earlier being published by the Irish
Examiner.
The minister made the Taoiseach aware she was in
contact with Sgt McCabe but no detail was discussed, he
said.
The growing questions, though, concern how Mr Kenny led
his Cabinet meeting last week without being informed
about the Tusla false sex claims against Sgt McCabe. It is
also unclear why Mr Kenny and Ms Fitzgerald would not
have asked Ms Zappone what she was meeting Sgt
McCabe about, or why.
The opposition has been especially critical of the justice
ministers denials to the Dil that garda had interacted
with other agencies in relation to Sgt McCabe.
Ms Fitzgerald said she would have been criticised if she
had made public the Tusla allegations.
Nonetheless, Sinn Feins Mary Lou McDonald asked
whether Ms Fitzgerald had misled the Dil by not
mentioning the Tusla file.
The Tnaistes office denied this and said that she, too,
had only first become aware of the Tusla allegations on
Thursday night. Ms Fitzgerald had not been briefed by the
childrens minister and had only been told about Sgt
McCabe meeting with Ms Zappone on the morning of
January 25, said sources.
Ms Fitzgeralds spokesman said that she was not closed
to the notion of now including the Tusla allegations in the
forthcoming Charleton inquiry.
But several sources insisted last night that Tusla would
now be specifically referenced in the inquiry.
Fianna Fil leader Michel Martin asked how alarm bells
had not gone off in Government when Ms Zappone learnt
of the Tusla allegations.
His party colleague, TD John McGuinness, went further and
said a criminal investigation was now needed. He also said
Garda Commissioner Nirn OSullivan should stand aside
while the inquiry is ongoing and he would seek party
support for this. Mr McGuinness said the Tusla apology had
been delivered to Sgt McCabes elderly neighbour, rather
than him.
Ms OSullivan refused to comment on the Tusla revelations
or how garda used the agencys information.
http://www.irishexaminer.com/breakingnews/ireland/gardai-right-now-are-
like-the-cat-with-9-lives--theyre-up-to-life-14-776712.html
DRUG COURT REPORT The Drug Court Planning Committee
Judge Desmond Hogan Judge of the District Court Chairman
Judge Gerard Haughton Judge of the District Court
http://www.courts.ie/Courts.ie/library3.nsf/
(WebFiles)/F60C2E731DEC016D80256DA6003DDC0C/$FILE/Appendices
%20Final%20pdf.pdf
Judge appointed to probe Garda call-taping
scandal

April, 2014 00:00


/.lancio-maincontent__top
THE Irish government has appointed
Supreme Court judge Nial Fennelly to
investigate the Garda phone-taping scandal.
News of the appointment came as two
Limerick men yesterday pleaded guilty to IRA
membership in advance to their trial, which
was halted last week over the controversy.
Thomas McMahon (31) and Noel Noonan (34)
had their trial at the Republic's non-jury court
adjourned last Wednesday after it emerged
that a large number of Garda stations had
facilities to record phone calls from the 1980s
until last November.
Lawyers for the pair had sought assurances
that conversations between the men and
their solicitors had not been recorded
following their arrest on a Co Tipperary road
in February last year.
Following a 24-hour adjournment the Special
Criminal Court ruled on Thursday that the
trial could proceed after a senior garda said
that the phone lines at Clonmel and Cahir
Garda stations were not linked to recording
equipment.
Yesterday both men pleaded guilty yesterday
to membership of the IRA on February 7
2013.
In a new twist to the row, the Cabinet learned
yesterday that conversations between
dozens of prisoners and their solicitors had
been "inadvertently recorded" by the state's
prison service.
Taoiseach Enda Kenny told the Dail that the
service had informed justice minister Alan
Shatter during ministers' weekly meeting
that 83 prisoners who had more than one
solicitor had been taped.
The minister has requested a report on the
matter from prison chiefs.
Separately, the government agreed that Mr
Justice Fennelly should chair the commission
of investigation, tasked to examine "all
matter of public concern relating to the issue
of taping of conversations in Garda stations".
The full terms of reference will be finalised
shortly and will be subject to Dail approval.
In a statement, the government said it had
decided that An Garda Siochana and the
Department of Justice should ensure the
retention and preservation of all tapes,
complete a full inven- tory and ensure that
the tapes can be accessed.
Meanwhile, the taoiseach will chair a new
Cabinet committee on justice reform to
oversee the development of proposals for an
independent police authority.
The government is also set to embark on a
public consultation process in the coming
weeks on policing in the Republic and its
justice reform.
"The government's intention is to have new
structures, including the appointment of a
new Garda Commissioner by open
competition and the establishment of a new
independent policing authority, in place later
this year," the statement said.
Opposition parties have been piling pressure
on the government since the phone-taping
revelation and the retirement of former
Garda Commissioner Martin Callinan.
The government, however, is expected to
defeat with ease a Fianna Fail motion of no
confidence in justice minister Alan Shatter
tonight following a two-day debate in the
Dail.
PRESSURE: Supreme Court judge Nial
Fennelly has been appointed to investigate
the Garda phone-taping controversy. The
government is expected to defeat a Fianna
Fail motion today of no confidence in justice
minister Alan Shatter in the wake of the
scandal
http://www.irishnews.com/news/2014/04/02/n
ews/judge-appointed-to-probe-garda-call-
taping-scandal-87916/

Cabinet chooses High Court


judge Peter Charleton for
Supreme Court post
Vacancy created by retirement of Nial Fennelly
Tue, Jun 17, 2014, 19:03
Ruadhn Mac Cormaic

Mr Justice Peter Charleton: appointed to the Supreme Court. File Photograph:


Dara Mac Dnaill/The Irish Times
The Government has nominated High Court judge Peter
Charleton to fill the Supreme Court vacancy created by the
retirement last month of Mr Justice Nial Fennelly.
http://www.irishtimes.com/news/crime-and-law/cabinet-chooses-high-
court-judge-peter-charleton-for-supreme-court-post-1.1835768?
mode=sample&auth-failed=1&pw-origin=http%3A%2F
%2Fwww.irishtimes.com%2Fnews%2Fcrime-and-law%2Fcabinet-chooses-
high-court-judge-peter-charleton-for-supreme-court-post-1.1835768
Peter Charleton
Peter Charleton was appointed a judge of
the High Court in Ireland in 2006.

http://fordhamipconference.com/wp-
content/uploads/2011/05/Charleton.pdf
Peter Charleton Peter Charleton was appointed a judge of
the High Court in Ireland in 2006 and assigned to the
commercial list, which deals with private la, WAS APPOINTED
BY FINE GAEL ALAN SHATTER AND ENDA KENNY A CLOSE
FRIEND TO THE FG FAMILY

http://fordhamipconference.com/wp
content/uploads/2013/04/2013.Charleton.bio_.pdf

High Court
overturns judge's
decision
Updated / Friday, 2 Mar 2007 23:18
The High Court has freed a Romanian man who
was refused bail by a District Court judge even
though his 13-year-old son had no one to care
for him.
Judge Murrough Connellan was told garda
were not objecting to bail for Teodore Popa and
that his son was waiting outside for him.
However, the judge remanded him in custody
until Monday.
Teodore Popa was before the district court at
the Bridewell this afternoon on a charge of
stealing a computer.
His lawyers then went to the High Court to
challenge the legality of his detention.
The High Court heard that when Mr Popa was
asked by Judge Connellan if he had a legal aid
solicitor, he told the judge his English was not
good enough to understand.
Mr Popa said Judge Connellan told him he had
been in Ireland since 1999, long enough to
know what he was asking.
The High Court heard no effort was made to
contact an interpreter or a solicitor and that Mr
Popa was remanded in custody until next
Monday, despite the judge being interrupted
by a garda who told him there was no
objection to bail.
High Court judge Mr Justice Peter Charlton said
no evidence was put before the district court
that Mr Popa would abscond, interfere with
witnesses or commit further offences while on
bail, which are the tests that must be satisfied
before bail can be refused.
He said the District Court judge acted in
excess of his jurisdiction and unlawfully
deprived Mr Popa of his liberty.
Justice Charlton ordered Mr Popa to be
released and to appear before Dun Laoghaire
District Court next Monday.
https://www.rte.ie/news/2007/0302/86366-popat/
HANG IN THERE
Enda Kenny insists
Garda
Commissioner
Noirin OSullivan
has full confidence
of government in
whistleblower
storm
The Taoiseach said you 'cannot have a
country if everybody against whom
allegations are made has to step aside'
IRELANDS top cop Noirin OSullivan has the full
confidence of Government in the face of a
whistleblower smear claim storm.
Taoiseach Enda Kenny made the statement yesterday,
insisting it was not appropriate for the Garda
Commissioner to step aside while the subject of a new
judge-led inquiry.

An Taoiseach Enda Kenny has come out strongly in


confidence of the Garda Commissioner Noirin OSullivan
Labour leader Brendan Howlin told the Dail on Wednesday
under Dail privilege that she contacted journalists in 2013
and 2014 to make serious sexual allegations which he
described as malicious rumours about Sgt Maurice
McCabe.
Commissioner OSullivan later denied the claim and, in a
strong defence of her, the Taoiseach said: You cannot
have a country if everybody against whom allegations are
made has to step aside.
There is no prima facie evidence. There is no indication of
any wrongdoing on behalf of the Garda Commissioner.
For that reason she is fully entitled to the support of
Government.
Noirin OSullivan is facing allegations of contacting journalists
to make serious sexual allegations which she strongly denies
Meanwhile, Tanaiste and Justice Minister Frances
Fitzgerald told TDs that the constitution gave OSullivan
the same protection in relation to her good name as those
who made the allegations.
Fianna Fail also backed the Garda chief, insisting her
reputation would be unfairly damaged if she had to step
aside and was later cleared of the claims.
https://www.thesun.ie/news/560168/enda-kenny-insists-garda-
commissioner-noirin-osullivan-has-full-confidence-of-government-in-
whistleblower-storm/
I WOULDN'T RULE IT
OUT' Enda Kenny
doesnt rule out
external
investigation into
garda whistleblower
Maurice McCabe
smear row
The long-running furore took a dramatic
twist last week when it emerged an
"administrative error" resulted in a file
circulated by Tusla
.article__header
BY RYAN MCBRIDE 12th February 2017
THE Taoiseach has said he would not rule out a future
external criminal probe into the Garda whistleblower
smear campaign controversy.
Enda Kenny said if allegations of criminal conduct
emerged during the forthcoming Commission of
Investigation then police officers from outside the
jurisdiction may be required to examine what went on.

Taoiseach Enda Kenny hast ruled out a criminal investigation


An inquiry led by Judge Peter Charleton is to examine
claims senior gardai peddled false rumours of child sex
abuse against whistleblower Sergeant Maurice McCabe in
order to blacken his name among journalists and
politicians.
The long-running furore took a dramatic twist last week
when it emerged an administrative error resulted in a file
circulated by Tusla, the Child and Family Agency,
documenting a complaint against Mr McCabe based on an
entirely false statement that he had been accused of child
rape.
Over the time that false sexual allegation was on record,
Mr McCabe was at the centre of exposing routine abuse of
the Garda penalty point system.
Mr Kenny said: In order to have a criminal investigation
you have to have evidence of criminality and that may well
happen, as is the case in any commission of investigation.

Garda whistleblower Maurice McCabe


When its completed, or during the course of its work
under way, there may be High Court injunctions or there
may well be criminal investigations to follow that, so I
wouldnt rule it out.
He told RTEs This Week that any criminal investigation
could run in parallel with the commission but he said the
police probe would probably take precedence.
The Taoiseachs comments came as the McCabe family
rejected an apology issued by Irelands Health Service
Executive (HSE) for its role in the false rape claim
episode.
The McCabes questioned the HSE assertion that correct
procedures had been followed once the error had been
identified and also said the apology had not been made in
private to them before a media statement was issued on
Saturday.
The contention over the HSE apology came after Tuslas
official apology to the McCabes was delivered to the
wrong house.
Meanwhile, Government ministers continue to face calls to
explain who knew what about the botched Tusla report
before the terms of inquiry for the commission were
agreed around the Cabinet table.
The Tusla revelations were made public subsequent to
that Cabinet meeting in an RTE Prime Time investigation
on Thursday night.
Garda are in the spotlight because of the McCabe affair
Childrens Minister Katherine Zappone met Mr McCabe in
January to discuss the issue, but Mr Kenny and Tanaiste
and Justice Minister Frances Fitzgerald have claimed they
neither sought or were told what was discussed.
The Taoiseach said he did not enquire because Ms
Zappone was meeting the officer in a private capacity.
Mrs Fitzgerald told RTEs The Week In Politics she was
stunned by what emerged on Prime Time and said it was
all new to her.
Explaining why she had not asked the independent
Childrens Minister for details of her discussions with Mr
McCabe, she said: I was respecting the integrity of her
meeting with him, I was respecting it fully.
There is no conspiracy theory here of me taking certain
actions in order to avoid certain things.
Sinn Fein is to table a motion of no confidence in the
Government in the Dail this week. Mrs Fitzgerald branded
the move opportunistic.
Sinn Feins call for an early election has been rejected by
other opposition parties Fianna Fail and Labour.
https://www.thesun.ie/news/570262/enda-kenny-doesnt-rule-out-external-
investigation-into-garda-whistleblower-smear-row/

McCabe row: FG vice-chair


calls on Garda chief to stand
aside
Pat Deering says claims too serious for Nirn OSullivan
to stay on while inquiry ongoing
about an hour ago
Michael O'Regan

Fine Gael parliamentary party vice-chairman Pat Deering has said Garda
Commissioner Nirn OSullivan (inset) should step aside until the Charleton
commission report is completed. File photographs: The Irish Times
The Fine Gael parliamentary party vice-chairman has
called on the Garda Commissioner to stand aside amid the
ongoing whistleblower affair.
http://www.irishtimes.com/news/politics/mccabe-row-fg-vice-chair-calls-on-
garda-chief-to-stand-aside-1.2972951?mode=sample&auth-failed=1&pw-
origin=http%3A%2F%2Fwww.irishtimes.com%2Fnews%2Fpolitics
%2Fmccabe-row-fg-vice-chair-calls-on-garda-chief-to-stand-aside-
1.2972951
Statement by the Tanaiste and Minister for
Justice and Equality, Frances Fitzgerald TD
10 February 2017

https://www.rte.ie/documents/news/tanaisterstatement.pdf
Spokesperson for the Minister for Children and Youth
Affairs, Dr Katherine Zappone

https://www.rte.ie/documents/news/zapponespokespersonstatement.pdf

Govt publishes
whistleblower
Commission terms
of reference
Updated / Wednesday, 8 Feb 2017 22:25

Garda Commissioner Nirn O'Sullivan will have her mobile phone


records examined as part of the inquiry
The terms of reference have been published for the
Commission of Investigation which is being
established to investigate allegations that there was
an organised campaign against whistleblowers at the
highest levels of the Garda.
Judge Peter Charleton will investigate claims made
under protected disclosure legislation by the former
head of the Garda Press Office Superintendent Dave
Taylor to the effect that he was told by former
commissioner Martin Callinan and his then deputy
Nirn O'Sullivan, to brief the media that claims made
by Sergeant Maurice McCabe were motivated by
malice and revenge and had no substance.
He will also investigate Supt Taylors allegation that
he was told to draw journalists' attention to an
allegation of criminal misconduct against Sgt
McCabe.

Judge Peter Charleton will head the Commission of Investigation


Mr Justice Charleton will also examine records of all
mobile phone use by Supt Taylor, former
commissioner Callinan and Commissioner O'Sullivan
over the relevant period, from 1 July 2012 to 31 May
2014 .
Another heading sees Mr Justice Charleton
investigating whether Commissioner O'Sullivan was
involved in leaking to RT an account of the
O'Higgins Commission report which branded Sgt
McCabe a liar and irresponsible.
McCabe calls for public statement from
O'Sullivan
He will also examine whether a meeting took place
between Mr Callinan and Fianna Fil TD John
McGuinness in January 2014.
It is alleged the meeting took place in the car park of
Bewley's Hotel, Newlands Cross, Co Dublin.
Mr McGuinness has already claimed Mr Callinan had
spoken disparagingly about Sgt McCabe at such a
meeting.
The terms arise from recommendations of an earlier
report from retired judge Iarfhlaith O'Neill which found
that two protected disclosures were allegations of
serious wrongdoing, but these claims were vigorously
denied by those against whom they were made.
The O'Neill report will be published in redacted form
tomorrow.
Following the publication of the terms of reference,
An Garda Sochna issued a statement saying it
"welcomes and will co-operate fully with the
Commission of Investigation chaired by Mr Justice
Peter Charleton so that the truth and facts are
established."
Commission of Investigation (Certain matters relating to two
disclosures made by members of An Garda Siochna under
the Protected Disclosures Act 2014) Order 2017

http://static.rasset.ie/documents/news/draft-order.pdf

Garda Commissioner was


'not privy to' any actions
targeting whistleblowers
Enda Kenny has said a judge could be appointed to examine
the latest whistleblower claims
NEWS
Garda Commissioner Nirn O'Sullivan has denied any
knowledge or involvement in an alleged campaign against
a whistleblower in the force.
Taoiseach Enda Kenny earlier indicated that a judge could be
appointed to examine the new claims by garda whistleblowers.
Mr Kenny confirmed yesterday that Tnaiste Frances
Fitzgerald recently received correspondence from a number of
garda under whistleblowing legislation.
It followed an Irish Examiner report that statements made by
two senior garda alleged that senior garda management set
out to destroy the character of a whistleblower.
The paper said the disclosures detailed attempts to undermine
the whistleblower by encouraging officers to attack his
character, creating an intelligence file on him and monitoring
his activities on the garda Pulse system.
The Fine Gael leader told TDs he had "absolute confidence" in
Garda Commissioner Nirn O'Sullivan, following calls for her
resignation by TD Clare Daly.
Enda Kenny told the Dil this afternoon that it will be up to
Minister Fitzgerald to decide on the best course of action to
take once the documentation has been fully considered.
"That may well be the appointment of a sitting judge to look at
the documentation to verify the contents of that and whatever
action follows from that," he said.
A statement from the garda this afternoon said:
"Commissioner OSullivan would like to make it clear that she
was not privy to nor approved of any action designed to target
any garda employee who may have made a protected
disclosure and would condemn any such action.
"The Commissioner wishes to [reiterate] that any employees
in An Garda Sochna who bring forward any concerns or
issues they might have will be taken seriously and the matters
examined."
The statement added that garda were "anxious that the full
content of the disclosures giving rise to the commentary be
comprehensively examined" to maintain public confidence in
the force.
Minister Fitzgerald told an Oireachtas committee this morning
that she will ensure the claims are fully investigated.
"I will consider in great detail how to respond to them, and
what is the best possible way to take this further, to analyse
and make sure there is a process in place," she said.
"I will certainly do it in a way that protects the whistleblowers
and that is fair, and is seen to deliver justice to all."
Garda culture
Speaking to Newstalk Drive, Mary Lou McDonald said it is
"scandalous that we now have another - and very serious - set
of allegations in respect of whistleblowers and the smearing
and targeting of them."
She suggested there seems to be a lot of "book-passing" over
the issue.
"Let's hear from the [Justice] Minister. I know the
Commissioner has made a public statement - we need much
more than that.
"As I speak to you today, I would suggest that the position of
both those women in the senior positions concerned is very,
very tenuous to say the least of it," Deputy McDonald added.

Earlier today, Brendan Howlin sharply criticised what he


described as a culture of "circling the wagons" within An
Garda Sochna.
In an interview with Newstalk Breakfast, Deputy Howlin said
the development was "very demoralising" for those who
believed the Protected Disclosures Act 2014 would improve
the culture within the force.
"I said during the passage of that bill that the law is not
enough. You have to change culture and this is much more
difficult," he said.
"It was clear to me then and it seems still to be the position
that, for some guards, there seems to be a culture where
when someone points to a wrongdoing, you circle the wagons.
"You dont address it. That needs to be eradicated and we
need to do it now."
The Labour leader described Minister Fitzgerald as eager,
determined and "honourable in what she wants to do".
He added, however: "I know that anyone - and this is every
minister I am aware of in my 30 years in the Dil - that goes
into Department of Justice is sucked into a system.
"One of things I tried to do in the Department of Public
Expenditure is move people around so you didn't build up silos
of people who become securocrats in a way that protects their
own enclave above the generality of the public good."

Former High Court judge


appointed to review Garda
whistleblowing allegations
Paul Williams suggests the controversy "is much more
significant" than other scandals
NEWS
Justice Minister Frances Fitzgerald has revealed details of
the review into the Garda whistleblowing controversy.
Two senior officers have claimed they were involved in the
smearing of a whistleblower.
The allegations were made under protected disclosures
legislation.
Former High Court Justice Iarfhlaith O'Neill will review the
allegations and report to the Minister Fitzgerald within six
weeks.
The Tnaiste said: "As I have already said publicly, it is vitally
important that the claims of people making such disclosures
are properly addressed. We have to do that in a way that is
proper, just and fair to all. The rights of everyone to fairness
and proper procedures have to be vindicated.
"I am determined that An Garda Sochna operate to the very
highest standards and this involves ensuring that allegations
of wrongdoing are dealt with properly and the persons making
those allegations are fully protected and respected," she
added.
Garda Commissioner Nirin O'Sullivan has welcomed the
review.
"An Garda Sochna will co-operate fully with this review
process," she said in a statement. "An Garda Sochna re-
iterates its support for employees who make protected
disclosures and that anyone who brings forward any concerns
or issues will be taken seriously and the matters examined."
The review has also been welcomed by opposition politicians.
Fianna Fil's justice spokesperson Jim O'Callaghan said: "We
now look forward to the judge working towards a speedy
conclusion to his inquiry so that we can get to the truth of
these matters."
Sinn Fin deputy leader Mary Lou McDonald said: It is
extremely important that this inquiry commands the
confidence and cooperation of everyone concerned
particularly the garda who have made the complaints.
I trust that the Minister has established that all parties to
these allegations, have confidence in the process and will
assist the inquiry fully."
Commissioner O'Sullivan attended a press conference this
morning - to praise the garda involved in preventing an armed
raid in Meath - but refused to be drawn on the scandal.
In a statement earlier this week, Commissioner O'Sullivan said
"she was not privy to nor approved of any action designed to
target any garda employee who may have made a protected
disclosure and would condemn any such action".
She added that she will support an investigation into the
matter.
Speaking to reporters today, she said the matter will be dealt
with - later:
Meanwhile, Newstalk Breakfast presenter Paul
Williams suggests the controversy "is much more significant
than the other whistleblowing controversies or scandals".
He explained: "[One] dimension to this controversy is An
Garda Sochana, now in the past two years, under this
Commissioner, has become completely engulfed in a whole
new set of controversies and crises.
"This is not the way both Frances Fitzgerald and Nirn
O'Sullivan told us or promised the State they would reform the
garda," he added.
http://www.newstalk.com/Thats-something-that-well-deal-with-on-another-
day--Garda-Commissioner-on-whistleblower-controversy

Judge appointed to probe 'smear'


campaign against Garda
whistleblowers
October 7th 2016
A former High Court judge will investigate an alleged
smear campaign against a Garda whistleblower, Frances
Fitzgerald has confirmed.

In the latest in a string of controversies to rock the force,


the Tanaiste and Justice Minister said Justice Iarfhlaith
O'Neill will report back on his findings within six weeks.

"On conclusion of the review I will consider what further


steps may be necessary," she added.

The judge has been charged with probing claims that


senior gardai targeted an officer in a widespread character
assassination.

It is understood two senior gardai have made statements


to justice chiefs that false and damaging allegations were
made against the whistleblower and that one has said
they were following orders.

Garda Commissioner Noirin O'Sullivan was forced into


publicly denying earlier this week that she knew anything
about the alleged conspiracy.

The police chief said she would condemn any smear


campaign against an officer.
Ms Fitzgerald has confirmed she received correspondence
under the Protected Disclosures Act from two members of
the force on Monday.

But she said she legally is prevented from making any


remarks that could identify those who have made the
disclosures.

"Having consulted with the Attorney General, I am now in


a position to announce a first step in the process to ensure
that these protected disclosures are addressed properly,"
she said.

Ms Fitzgerald said the judge-led investigation would review


allegations of wrongdoing contained in the disclosures,
including interviewing anyone or any group he considers
appropriate.

His report, due before the end of November, will include


recommendations on any further action needed to address
the allegations.

Earlier this week, Clare Daly, TD with the


Independents4Change group, demanded Commissioner
O'Sullivan resign and claimed the smear campaign was
"systematic, organised and orchestrated" and had the "full
involvement of the present and former commissioner".

She said it was designed to "not just discredit a


whistleblower but to annihilate him".

The commissioner said it would be inappropriate to


comment on specific allegations made under protected
disclosure rules, which were introduced in 2014 to support
whistleblowers.

The police chief urged a comprehensive investigation into


the alleged smear campaign, which may date back as far
as 2013.

It is claimed hundreds of text messages were


disseminated among a large group of officers with
instructions to attack the whistleblower's character, and
an intelligence file was opened on the whistleblower and
movements were monitored.

Journalists and some politicians were also briefed by


senior garda concerning allegations about the
whistleblower.

Several whistleblowers in the Garda have been identified


in recent years, some of whom have spoken out about
their treatment after raising concerns about corruption or
bad policing.

Among them are Sergeant Maurice McCabe who was


vindicated over the vast majority of his concerns about
policing standards in parts of the Cavan-Monaghan
division and abuse of the penalty point system.

Others are Nick Keogh and Keith Harrison both of whom


have been named in the Dail as being victims of
harassment after raising concerns about policing.
https://www.irishexaminer.com/breakingnews/ireland/judge-appointed-to-
probe-smear-campaign-against-garda-whistleblowers-758308.html

Justice Minister passes Garda


whistleblowers report to Attorney
General
Wednesday, December 07, 2016
A report into an alleged "smear campaign" against Garda
whistleblowers has been submitted to the Department of
Justice.

Former High Court Judge Iarfhlaith O'Neill investigated two


protected disclosures made to Tnaiste Frances Fitzgerald.
Iarfhlaith O'Neill

It is alleged that Commissioner Nirn O'Sullivan was part


of alleged tactics to discredit whistleblowers.

The Tnaiste said that given the sensitive nature of the


report, it has now been passed on to the Attorney General
for her advice on how to proceed.

Frances Fitzgerald
https://www.irishexaminer.com/breakingnews/ireland/justice-minister-
passes-garda-whistleblowers-report-to-attorney-general-767606.html
Nirn O'Sullivan moots independent
body amid whistleblower allegations
October 12th 2016

Garda chief Nirn O'Sullivan has suggested an


independent body should be set up to deal with
whistleblowers within her rank and file.
Under cross-examination about the latest controversy to
hit the force, Ms O'Sullivan also said she was "not aware"
of any officers alleging Garda wrongdoing being put under
surveillance or having their phones tapped.

A former High Court judge has been asked by the


Government to investigate an alleged smear campaign
against a Garda whistleblower.

Pressed about the claims before a parliamentary


committee, Ms O'Sullivan repeatedly insisted she could
not talk about any individual case.

But she said she had no part in any alleged conspiracy.

"I'm personally not privy to, did not approve or condone


any campaign against any individual," she told the Joint
Committee on Justice and Equality.
Ms O'Sullivan said she was trying to recruit an
independent expert to review the force's whistleblower
processes, but suggested it may be better to take the
system outside.

"We never said everything is perfect - far from it," she


said. "It is a relatively new process for everybody.
Everybody is learning. That is why we are engaged in a
review of policy, practice and procedures."

She added: "In our experience, it may be appropriate to


have some independent entity that can independently and
impartially receive all these complaints."

Ms O'Sullivan said the number of officers who have made


complaints under the existing internal system was in
single figures.

She refused to comment on whether they were on


extended sick leave over workplace stress.

"I am not in the business as Garda Commissioner or Noirin


O'Sullivan of messing with anyone's lives or families," she
said.

"My business is leading an organisation of men and


women there to support the community."

Ms O'Sullivan also denied claims of nepotism under her


leadership, including suggestions about the roles of her
husband and her bridesmaid.

"It isn't the case I promoted my bridesmaid. I didn't have a


bridesmaid," she told the committee.
Asked about separate claims about the promotion of
officers against whom whistleblowers have made
complaints, she said allegations remain allegations until
they are proven.

In any case, she does not personally make appointments


and the promotions process is fair, independent and
impartial, she added.
The Garda commissioner admitted it is taking "gritty
determination" to push the force through a huge cultural
change, which was ongoing and does not happen
overnight.

She said she would fully co-operate with the judge-led


review into the alleged smear campaign, including
handing over any electronic evidence or other files that
may be requested.

Justice Iarfhlaith O'Neill has been charged with probing


claims that senior gardai targeted an officer in a
widespread character assassination.

He is to report back on his findings within six weeks.

It is understood that two senior gardai have made


statements to justice chiefs that false and damaging
allegations were made against the whistleblower and that
one has said they were following orders.
https://www.irishexaminer.com/breakingnews/ireland/noirin-osullivan-
moots-independent-body-amid-whistleblower-allegations-759028.html

Latest: An Garda Sochna 'welcomes


report on whistleblower policy'
Friday, November 11, 2016
Update 6.30pm: An Garda Sochna has said that it
welcomes the publication of the Policing Authoritys report
today concerning whistleblowing in the force.

We have already started to take on board the


recommendations of this report, which will help to improve
our existing Protected Disclosures policy, a statement
read.

This is part of our overall strategy to support anybody


within An Garda Sochna who comes forward to make a
Protected Disclosure.

We are determined that anyone who brings forward


issues or concerns will be listened to and supported.

Earlier:

The Policing Authority has found garda whistleblower


policy does not encourage members of the force to make
complaints.

The report makes a number of recommendations for the


garda whistleblower policy, most of which the force has
welcomed and said it will examine.
http://www.policingauthority.ie/Website/PA/PolicingAuthorit
yWeb.nsf/page/TXLH-AFLK9A1442011-en/
$File/Protected_disclosures_report.pdf

It has taken issue with Garda rules which allow a member


to be disciplined if they make claims "for malicious
reasons".

The Authority says whistleblowing laws do not allow an


employer to consider the motives for someone making a
complaint.

It says when an allegation is made against someone that


person should be afforded protection.
It also says that garda policy should be changed to provide
more protection for those making anonymous claims.

It also recommends providing garda with greater detail on


how their claims will be investigated.

The report adds that there should be a clear distinction


between personal employment complaints and protected
disclosures within An Garda Siochna.

Ex-High Court judge to


probe 'smear campaign'
against Garda
whistleblower
PUBLISHED
07/10/2016

Noirin O'Sullivan was forced into publicly denying knowing


anything about the alleged conspiracy
A former High Court judge will investigate
an alleged smear campaign against a Garda
whistleblower, Frances Fitzgerald has
confirmed.
In the latest in a string of controversies to rock the force,
the Tanaiste and Justice Minister said Justice Iarfhlaith
O'Neill will report back on his findings within six weeks.
"On conclusion of the review I will consider what further
steps may be necessary," she added.
The judge has been charged with probing claims that
senior gardai targeted an officer in a widespread character
assassination.
It is understood two senior gardai have made statements
to justice chiefs that false and damaging allegations were
made against the whistleblower and that one has said they
were following orders.
Garda Commissioner Noirin O'Sullivan was forced into
publicly denying earlier this week that she knew anything
about the alleged conspiracy.
The police chief said she would condemn any smear
campaign against an officer.
Ms Fitzgerald has confirmed she received correspondence
under the Protected Disclosures Act from two members of
the force on Monday.
But she said she legally is prevented from making any
remarks that could identify those who have made the
disclosures.
"Having consulted with the Attorney General, I am now in
a position to announce a first step in the process to ensure
that these protected disclosures are addressed properly,"
she said.
Ms Fitzgerald said the judge-led investigation would
review allegations of wrongdoing contained in the
disclosures, including interviewing anyone or any group
he considers appropriate.
His report, due before the end of November, will include
recommendations on any further action needed to address
the allegations.
Earlier this week, Clare Daly, TD with the
Independents4Change group, demanded Commissioner
O'Sullivan resign and claimed the smear campaign was
"systematic, organised and orchestrated" and had the "full
involvement of the present and former commissioner".
She said it was designed to "not just discredit a
whistleblower but to annihilate him".
The commissioner said it would be inappropriate to
comment on specific allegations made under protected
disclosure rules, which were introduced in 2014 to support
whistleblowers.
The police chief urged a comprehensive investigation into
the alleged smear campaign, which may date back as far as
2013.
It is claimed hundreds of text messages were disseminated
among a large group of officers with instructions to attack
the whistleblower's character, and an intelligence file was
opened on the whistleblower and movements were
monitored.
Journalists and some politicians were also briefed by
senior garda concerning allegations about the
whistleblower.
Several whistleblowers in the Garda have been identified
in recent years, some of whom have spoken out about their
treatment after raising concerns about corruption or bad
policing.
Among them are Sergeant Maurice McCabe who was
vindicated over the vast majority of his concerns about
policing standards in parts of the Cavan-Monaghan
division and abuse of the penalty point system.
Others are Nick Keogh and Keith Harrison both of whom
have been named in the Dail as being victims of
harassment after raising concerns about policing.
http://www.belfasttelegraph.co.uk/news/republic-of-ireland/exhigh-court-
judge-to-probe-smear-campaign-against-garda-whistleblower-
35112882.html
Statement on the Report of Mr Justice
Iarfhlaith ONeill of his Review relating
to two Protected Disclosures
7 December 2016
The Tnaiste and Minister for Justice and Equality, Frances
Fitzgerald TD, today received the Report of Mr Justice Iarfhlaith
ONeill of his Review relating to two protected disclosures which
were made to her by members of An Garda Sochna in early
October.
Mr Justice ONeill was asked to review the allegations of wrongdoing
contained in the disclosures, to make any inquiries with persons or
bodies that he considered appropriate in relation to the review and
to report to the Tnaiste on the conclusion of the review, including
any recommendations which he may consider necessary in relation
to any further action which may be appropriate and warranted to
address the allegations.
The Report sets out in detail the allegations contained in the
protected disclosures. In view of the nature of those allegations
and the fact that third parties are mentioned the Report is being
referred to the Attorney General for her advice on how to proceed,
including the question of what material might properly be put in the
public domain, having regard to the rights of all concerned.
The Tnaiste is very grateful to Mr Justice O'Neill for carrying out
this work so expeditiously and presenting his Report, which will
form the basis for ensuring that the protected disclosures are
properly addressed. When the advice from the Attorney General is
received, the Tnaiste will bring forward proposals to Government
to this end. The Tnaiste is not in a position to make any further
comment at this time.

ENDS
http://www.justice.ie/en/JELR/Pages/PR16000375
Report on treatment of garda
whistleblowers referred to
Attorney General
The report is investigating two protected disclosures made in
October
NEWS

Justice Minister Francis Fitzgerald with the Attorney General Maire


Whelan at Dublin Castle | Image: RollingNews.ie

The Department of Justice say a report investigating the


treatment of whistleblowers in the garda is to be handed
over to the Attorney General.
The report, from Mr Justice Iarfhlaith ONeill, has been given
to the Justice Minister Frances Fitzgerald.
Mr Justice O'Neill was asked to review allegations of
wrongdoing contained in two protected disclosures made in
early October.
The report sets out in detail the allegations contained in the
disclosures.
The report was to investigate allegations of wrongdoing
contained in the disclosures, to make any inquiries considered
appropriate and report back to Ms Fitzgerald.
But the department says: "In view of the nature of those
allegations and the fact that third parties are mentioned the
report is being referred to the Attorney General for her advice
on how to proceed - including the question of what material
might properly be put in the public domain, having regard to
the rights of all concerned."
The statement adds that Tnaiste and Justice Minister
Frances Fitzgerald is "very grateful" to Mr Justice O'Neill.
When the advice from Attorney General Mire Whelan is
received, the Tnaiste will bring forward proposals to
Government.
http://www.newstalk.com/Report-on-treatment-of-garda-whistleblowers-
referred-to-Attorney-General
Statement on the Report of Mr Justice
Iarfhlaith ONeill of his Review
relating to two Protected Disclosures
The Tnaiste and Minister for Justice and Equality, Frances Fitzgerald
TD, today received the Report of Mr Justice Iarfhlaith ONeill of his
Review relating to two protected disclosures which were made to her
by members of An Garda Sochna in early October.
Mr Justice ONeill was asked to review the allegations of wrongdoing
contained in the disclosures, to make any inquiries with persons or
bodies that he considered appropriate in relation to the review and to
report to the Tnaiste on the conclusion of the review, including any
recommendations which he may consider necessary in relation to any
further action which may be appropriate and warranted to address the
allegations.
The Report sets out in detail the allegations contained in the protected
disclosures. In view of the nature of those allegations and the fact that
third parties are mentioned the Report is being referred to the
Attorney General for her advice on how to proceed, including the
question of what material might properly be put in the public domain,
having regard to the rights of all concerned.
The Tnaiste is very grateful to Mr Justice O'Neill for carrying out this
work so expeditiously and presenting his Report, which will form the
basis for ensuring that the protected disclosures are properly
addressed. When the advice from the Attorney General is received, the
Tnaiste will bring forward proposals to Government to this end. The
Tnaiste is not in a position to make any further comment at this time.
Retired judge to
examine garda
whistleblower claims
Updated / Saturday, 8 Oct 2016

Frances Fitzgerald said she was determined that An Garda


Sochna operates to the very highest standards
This is the actual article body
The Minister for Justice Frances Fitzgerald has asked
a retired High Court judge to examine allegations of
wrongdoing contained in protected disclosures made
by garda whistleblowers.
Mr Justice Iarfhlaith ONeill is to report back to the
Minister within six weeks.
He has been asked to review allegations of
wrongdoing contained in the disclosures and to make
any inquiries with persons or bodies that he
considers appropriate in relation to the review.
He has also been asked to report within six weeks on
the conclusion of the review including any
recommendations which he may consider necessary
in relation to any further action which may be
appropriate and warranted to address the allegations.
Ms Fitzgerald said she was determined that An
Garda Sochna operates to the very highest
standards and this involves ensuring that allegations
of wrongdoing are dealt with properly and the
persons making those allegations are fully protected
and respected.
Commissioner Nirn OSullivan has welcomed the
decision by Ms Fitzgerald to review the recent
protected disclosures.
In a statement released this evening, An Garda
Sochna said it "will co-operate fully with this review
process".
"An Garda Sochna re-iterates its support for
employees who make protected disclosures and that
anyone who brings forward any concerns or issues
will be taken seriously and the matters examined,"
added the statement.
http://www.rte.ie/news/2016/1007/822330-garda-whistleblower-
allegations/

Minister for Finance announces the


appointment of Judge Iarfhlaith ONeill to
monitor conflicts of interest in IBRC
transaction review
27.04.15
Minister for Finance announces the appointment of Judge
Iarfhlaith ONeill to monitor conflicts of interest in IBRC
transaction review

The Minister for Finance Michael Noonan T.D. has today


announced the Terms of Reference for a review of certain
transactions carried out by the Irish Bank Resolution
Corporation (IBRC), prior to the appointment of the Special
Liquidators. Making the announcement, Minister Noonan
stated:

In light of the recent concerns raised before the Houses of the


Oireachtas and elsewhere regarding the Siteserv transaction
and the public discourse this has caused surrounding the
handling of other transactions undertaken by IBRC, I have
today directed the Special Liquidators of IBRC to review all
transactions which occurred between 21 January 2009 the date
of the nationalisation of IBRC, and February 7th 2013, the date
of the appointment of the Special Liquidators to IBRC.

The review will cover transactions that resulted in a capital loss


to IBRC of at least 10 Million during that period; or are
specifically identified by the Special Liquidator as likely to give
rise to potential public concern, in respect of the ultimate
returns to the taxpayer.

The purpose of this review is to determine whether there is


evidence of material deficiencies in IBRCs performance in
respect of such transactions and related activities and
management decisions, and whether it can be concluded that
the transactions were not commercially sound. I have asked
that the Special Liquidators carry out this review and provide a
report of their findings before 31st August 2015. Following this
I will make this report available to relevant committees of the
Oireachtas.

The Special Liquidators are best placed to undertake such a


review thoroughly and expeditiously given their access to all
books and records of IBRC, the resources at their disposal to
conduct such a review and the power set out under the IBRC
Act which allows me to make this direction in the public
interest. To address potential conflicts of interest, with the
agreement of the Special Liquidators I am directing the
appointment of retired High Court Judge Mr Justice Iarfhlaith
ONeill to monitor any actual or perceived conflicts of interests.
I am confident that this will ensure that the review process is
robust.

I want to stress that the commission of this review and report is


to serve the public interest in light of recent speculation and is
not being undertaken as the result of any evidence that such
deficiencies existed or that transactions were not commercially
sound.
http://finance.gov.ie/sites/default/files/IBRC%20Ministerial
%20direction%20270415.pdf

Ends

27 April 2015

http://finance.gov.ie/news-centre/press-releases/minister-finance-
announces-appointment-judge-iarfhlaith-oneill-monitor

Garda chief claims she


was 'excluded' by senior
colleagues
O'Sullivan tells smear campaign
inquiry she faced workplace inequality
Philip Ryan and Maeve Sheehan
PUBLISHED
15/01/2017 | 02:30
8 SHARE




1
Garda: Noirin O'Sullivan
Garda Commissioner Noirin O'Sullivan has
told the investigation into claims of a smear
campaign against whistleblower Maurice
McCabe that she was also sidelined by
senior colleagues.
In her 10-page submission to Mr Justice Iarfhlaith
O'Neill's inquiry, the Commissioner said she experienced
"inequality and exclusion" while working her way up the
ranks of An Garda Siochana.
Mr Justice O'Neill was tasked with investigating claims
that senior gardai were involved in an orchestrated
campaign to discredit Sgt McCabe after he highlighted
garda malpractice.
Ms O'Sullivan told the retired judge she was also forced to
raise concerns about not being informed about
management issues when she was a deputy commissioner.
According to sources familiar with the submission, the
Commissioner said she was kept out of the loop on the
first internal garda investigation into quashed penalty
points carried out by Assistant Commissioner John
O'Mahony.
Ms O'Sullivan also told Mr Justice O'Neill she urged
former Garda Commissioner Martin Callinan to withdraw
his controversial "disgusting" comment about
whistleblowers Maurice McCabe and John Wilson at a
Public Accounts Committee (PAC) hearing.
Details of Ms O'Sullivan's submission have been
confirmed by a number of sources familiar with the
document.
She also said she had no knowledge of Mr Callinan's
meeting with former PAC chairman John McGuinness in a
hotel car park where the former commissioner is alleged to
have made accusations against Sgt McCabe.
Mr Calllinan's meeting with Mr McGuinness is likely to
feature prominently in any future inquiry into the
allegations contained in protected disclosures made to
Tanaiste and Justice Minister Frances Fitzgerald last year.
It is understood Mr Callinan told the O'Neill inquiry the
claims made by two whistleblowers were "hearsay".
Mr Callinan, who was approached by Mr Justice O'Neill in
November, dismissed the claims as vague and said they
had been the subject of distorted media reporting,
according to informed sources.
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.
Mr Callinan and Ms O'Sullivan deny all allegation made
against them by the whistleblowers.
Mr Justice O'Neill presented his report to Ms Fitzgerald on
December 7 but the Justice Minister has yet to bring the
report before Cabinet.
It is understood there are legal concerns over publishing
the report due to the seriousness of the allegations made
against all parties involved. The Attorney General's office
has been examining the report for more than a month.
It was expected the report would go before Cabinet soon
after the Dail recess but it is not scheduled for this week's
meeting. A Department of Justice spokesman said: "The
Tanaiste is engaged in the process of preparing proposals
arising from the report with a view to their submission as
soon as possible."
http://www.independent.ie/irish-news/politics/garda-chief-claims-she-was-
excluded-by-senior-colleagues-35368421.html
Report to Mr Michael McDowell, T.D., Tnaiste and Minister of
Justice, ... Mr Derek ONeill Department of Transport
http://www.centralbank.ie/regulation/industry-sectors/insurance-
companies/Documents/GenderInsRpt.pdf

Garda Commissioner Noirin


O'Sullivan says she knew
nothing about alleged smear
campaign against whistleblower

23 January, 2017
THE Garda Commissioner has insisted she
knew nothing about an alleged smear
campaign targeting a whistleblower in the
force.
As new ethics rules for officers were
published, Noirin O'Sullivan said she would
not take part in attempts to blacken an
officer's name.
Judge Iarfhlaith O'Neill sent a report on the
scandal to the tanaiste and justice minister
Frances Fitzgerald in December.
The smear campaign allegations were made
by the former head of the Garda press office,
Superintendent Dave Taylor, who is currently
suspended from the force over the leaking of
the names of Roma children who were taken
into social care in 2013.
He claimed that senior garda targeted the
whistleblower in a widespread character
assassination by passing on false and
damaging allegations, including to journalists
and politicians.
"I'm not aware nor was I aware of any
campaign to discredit any individual," Ms
O'Sullivan said.
The Commissioner also told RT's Today with
Sean O'Rourke: "I'm on record as saying from
the outset when these issues were raised
that I've absolutely no knowledge nor was I
privy to any campaign to undermine any
individual in An Garda Sochna.
"Certainly I'd no knowledge of any campaign
to undermine any individual and nor would I
take part in any campaign to undermine any
individual."
Several garda whistleblowers have been
identified in recent years, some of whom
have spoken out about their treatment after
raising concerns about corruption or bad
policing.
Among them are Sergeant Maurice McCabe,
who was vindicated over the vast majority of
his concerns about policing standards in
parts of the Cavan-Monaghan division and
abuse of the penalty point system.
Others are Nick Keogh and Keith Harrison,
both of whom have been named in the Dil
as being victims of harassment after raising
concerns about policing.
Commissioner O'Sullivan also defended her
predecessor Martin Callinan's criticism of
whistleblowers. He described the actions of
Sgt McCabe and a colleague over abuse of
the penalty point system as "disgusting".
Commissioner O'Sullivan said: "The comment
that he passed was taken out of context and
it certainly in my opinion it was not said in
the way that it was interpreted."
The issue emerged again as the Policing
Authority set out new ethics rules for officers
including a demand not to ignore
unprofessional, illegal or corrupt behaviour in
the force.
The revised code for garda focuses on nine
areas: duty to uphold the law; honesty and
integrity; respect and equality; authority and
responsibility; police powers; information and
privacy; transparency and communication;
speaking up and reporting wrongdoing; and
leadership.
Garda will be asked to make a pledge to
abide by the code.
It includes more than 50 commitments on
how they should go about their work
including not using social media to bully or
abuse, showing courtesy, only giving lawful
orders, keeping good records and not
improperly releasing information to the
media or people outside the force.
The Garda Representative Association (Gra)
said the code was flawed.
Gra general secretary Pat Ennis said it has all
the hallmarks of "authoritarian orders
imposed on to a demoralised workforce".
"Where there should be inspiration, there is
regulation. Where there should be aspiration,
there is sanction. Where there should be
ideals, there are rules," he said.
The Gra attacked the Policing Authority
claiming it has "seemingly launched itself as
another oversight body to scrutinise, monitor
and regulate... alongside the Garda
Ombudsman, the Department of Justice,
management, the judiciary and the media".
It said some of the code was "imprecisely
worded, undefined or ambiguous" and some
was at odds with officers' legal obligations.
Policing Authority chairman Josephine Feehily
described the reform as a milestone.
"It is an important development for the wider
community to know that there is a set of
principles and standards to guide the
behaviour of all those who work in the Garda
organisation," she said.
http://www.irishnews.com/news/republicofirelandnews/2017/01/24/news/g
arda-commissioner-noirin-o-sullivan-says-she-knew-nothing-about-alleged-
smear-campaign-against-whistleblower-901895/

Judges report reveals allegations that


Garda used phone records to spy on
her ex
/ 20 FEB 2011 DRI DATA RETENTION, MASS SURVEILLANCE, PRIVACY 1
Mark Tighe has an important story in todays Sunday Times about
apparent abuse by a garda of the data retention system. Unfortunately
its behind a paywall, but Ive taken the liberty of scanning the hardcopy
and placing it here as it raises a number of fundamental questions about
the safeguards which are in place against abuse and the likelihood of
further abuse now that the 2011 Act has extended data retention to
internet use also.
Garda accused of bugging her ex-boyfriend

Mark Tighe
A FEMALE garda suspected of obtaining the phone
records of her ex-boyfriend has been reported as the
first person who may have breached phone-tapping
rules introduced in legislation in 1993.
The case is highlighted in a report prepared by
Iarfhlaith ONeill, a High Court judge designated to
monitor the states phone-tapping activities.
Security sources say that the case involves a garda who
was stationed in the forces crime and security division,
which carries out spying and intelligence services. The
garda is accused of obtaining phone records of her
former boyfriend to track his movements and activities
after they separated. The man became suspicious and
complained to gardai because his ex-girlfriend
allegedly knew s details of calls he had made.
In a report to the Oireachtas earlier this month, ONeill
said that he investigated a number of alleged breaches
of Section 64(2) of the Criminal Justice (Terrorist
Offences) Act 2005. Under Section 64(2) no garda
below the rank of chief superintendent can request an
individuals phone records from a service provider to
aid investigations of criminal offences.
ONeill said: These breaches are alleged to have been
committed by a member of An Garda Siochana.
As a result of my investigations, I was concerned that
these breaches may have occurred. These alleged
breaches are now the subject matter of a criminal
investigation and also disciplinary proceedings under
the garda disciplinary code.
ONeill said that the extent of the alleged non-
compliance with the 2005 Act had been rigorously
investigated and fully understood. He said all
appropriate steps had been taken to ensure future
compliance with the act.
The rest of ONeills report states that on November 18
last year he attended garda headquarters, then army
headquarters in McKee Barracks and later the
Department of Justice offices on St Stephens Green.
In each location he reviewed documents relating to
phone tapping and phone records and spoke to people
involved in the operation of the act. He said that all his
queries were answered to his satisfaction.
As a result of the forgoing, I am satisfied that there is,
as of the date of this report (November 26, 2010) full
compliance with the provisions of the above acts, he
said.
A spokesman for the Data Protection Commissioner
(DPC) said that gardai had informed it of the apparent
data breach last June.
Gardai refused to comment on the case.
Gardai and the Department of Justice have refused to
release details of how many requests for phone records
or how many phone taps are authorised each year.
They say that such information is sensitive.
The Labour party has called for a review of the powers
given to gardai to access personal records and said
they should only be used in exceptional circumstances.
In 2007 the DPC said that, based on audits of phone
companies, it estimated gardai were making 10,000
requests for citizens phone records each year. Security
sources say the figure is now likely to be closer to
15,000 as gardai regularly seek phone records to aid
investigations.
Despite its resistance to publishing details about
requests to access the phone records of private citizens,
Ireland may be forced to do so by a 2009 European
Council directive.
The directive requires member countries to legislate to
provide their data protection commissioners with the
number of requests made for phone records and the
legal justification invoked.
Some quick thoughts:
The references to bugging and phone-tapping are misleading what is
alleged here (as I understand it) is that the garda accessed the phone
records of her ex rather than actually listened to the contents of
telephone calls.
There are, unhelpfully, no details given in the report as to how the abuse
came to light or what changes will be made in future to prevent further
abuses. (Continuing a fine tradition of opacity.) But a number of
questions spring to mind.
When did the alleged abuse take place, and how long did it take before
it was uncovered? Was the abuse discovered purely by chance? Is there
an adequate internal audit trail of requests which are made? If so, who
is responsible for reviewing that trail? Does the designated judge access
a sample of requests from the preceding year to ensure that the
surveillance was appropriate? If the designated judge will not provide
this level of detail in the annual report then the Minister for Justice must
do so to the Oireachtas if the public are to have confidence in this
system. While the particular details of this case cannot be discussed
until any criminal trial is concluded, it is remarkable that there is
absolutely no discussion of the systems-level controls which are (or are
not) in place.
Finally, when data breach notification is finally introduced as a legal
obligation (whether under the revised e-Privacy Directive or the Data
Protection Commissioners Code of Practice) will it include a right to be
notified of this type of breach also? Note that the Directive appears to
impose a notification obligation on telcos only.
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?
uri=OJ:L:2009:337:0011:0036:En:PDF

For more background on the allegations behind this story, see this Mail
on Sunday piece from last year.
[Cross-posted from tjmcintyre.com The Fixed Charge Processing
System - A 21s Century Strategy

http://www.gsinsp.ie/en/GSINSP/The%20Fixed%20Charge%20Processing
%20System%20-%20A%2021s%20Century%20Strategy.pdf/Files/The
%20Fixed%20Charge%20Processing%20System%20-%20A%2021s
%20Century%20Strategy.pdf

The Fixed Charge Processing System - A 21s Century Strategy

Report of the Garda Sochna


Inspectorate Front-Line Supervison, April
2012
http://www.gsinsp.ie/en/GSINSP/Front-
Line%20Supervison,%20April
%202012.pdf/Files/Front-Line
%20Supervison,%20April%202012.pdf
Garda Commissioner Noirin OSullivan and
Minister for Justice Frances Fitzgerald; Enda
Kenny meeting Sgt Maurice McCabe during the
local and European elections in May 2014
You may recall the recent protected disclosures
made by Garda whistleblowers to the Minister
for Justice Frances Fitzgerald.
They were reportedly sent by Sgt Maurice
McCabe and Supt Dave Taylor, former head of
the Garda Press Office with Supt Taylor stating
he was instrumental in the campaign to
discredit Sgt McCabe.
Hes also claimed both former Garda
Commissioner Martin Callinan and the current
Garda Commissioner Noirin OSullivan knew
about the campaign.
You may also recall how Ms Fitzgerald appointed
Mr Justice Iarfhlaith ONeill to review these
disclosures.
Further to this
Last night, the Ms Fitzgerald released a
statement stating she had received the report
from Justice ONeill.
She said:
The Tnaiste and Minister for Justice and Equality,
Frances Fitzgerald TD, today received the Report of
Mr Justice Iarfhlaith ONeill of his Review relating to
two protected disclosures which were made to her by
members of An Garda Sochna in early October.
Mr Justice ONeill was asked to review the allegations
of wrongdoing contained in the disclosures, to make
any inquiries with persons or bodies that he
considered appropriate in relation to the review and
to report to the Tnaiste on the conclusion of the
review, including any recommendations which he
may consider necessary in relation to any further
action which may be appropriate and warranted to
address the allegations.
The Report sets out in detail the allegations contained
in the protected disclosures. I
n view of the nature of those allegations and the fact
that third parties are mentioned the Report is being
referred to the Attorney General for her advice on
how to proceed, including the question of what
material might properly be put in the public
domain, having regard to the rights of all
concerned.
The Tnaiste is very grateful to Mr Justice ONeill for
carrying out this work so expeditiously and
presenting his Report, which will form the basis for
ensuring that the protected disclosures are properly
addressed.
When the advice from the Attorney General is
received, the Tnaiste will bring forward
proposals to Government to this end. The
Tnaiste is not in a position to make any further
comment at this time.

Ive spoken to several people who were in


attendance throughout, if not the entirety,
most of the days that the Commission took
evidence and they say that it was if Sgt
McCabe was on trial. He said as much when he
was under cross examination on several occasions
and a serving member of the Gardai that Ive
spoken to who was present at several days of
proceedings has told me:
They tried to blame Maurice for everything
and it was bullshit.
The they in this case is the Garda HQ, and
what that member of the force was referring
to was either individual Garda or An Garda
Siochana corporately claiming that Sgt
McCabe was actually the person at fault in
each of the cases that he blew the malpractice
whistle on. When of course the judge found out that
he wasnt blamed at all.
Youre not going to find much reference to this in the
completed report. Much of the process, the
business of the commission revolved around
Maurice McCabe having to prove that he
wasnt guilty of the very malpractices that he
had highlighted in the first place by bringing them
to the attention of the Confidential Recipient [Oliver
Connolly] and to [Fianna Fil leader] Michel Martin.
In one case, to give example, he was accused by
gardai of having given an instruction that
was central to one of the cases of malpractice
but, after scrutinising his diary from many,
many years earlier, McCabe was actually able
to offer the watertight alibi that he wasnt on
duty that particular day that he was accused
of having done something because he was
actually present at the birth of one of his
children.
Commissioner Nirn OSullivan and many of the
individual senior officers be they retired or serving
were all represented by the Chief State Solicitors
Office and acted for, at the commission, by Colm
Smyth, senior counsel. So the legal strategy was,
in most cases, centralised. The line of attack
on McCabe was organised.

Noirin O'Sullivan denies


nepotism claims
Garda Commissioner appeared before Dail's
justice committee to answer questions
about the force

Garda chief Noirin O'Sullivan has denied claims of


nepotism under her leadership, saying: "It isn't the case I
promoted my bridesmaid. I didn't have a bridesmaid."
Ms O'Sullivan appeared today before a parliamentary
committee and was grilled about the latest whistleblower
controversy to hit the force.
And Independent TD Mick Wallace hit her with claims that
she had "promoted a lot of people who complaints have
been made about - your husband, your bridesmaid".
He added: "You have surrounded yourself with your
supporters rather than concentrating on quality."
Ms O'Sullivan replied to the Wexford deputy: "It isn't the
case I promoted my bridesmaid. I didn't have a
bridesmaid."
She said there were "factual inaccuracies" in such
discussions that were in the public realm and added that
she "didn't get this job easy, nor would I have expected to
get their job easy".

Justice Minister Frances Fitzgerald with the Commissioner


(Photo: Colin Keegan Collins, Dublin)
Asked about separate claims about the promotion of
officers against whom whistleblowers had made
complaints, she said allegations remain allegations until
they are proven.
In any case, she does not personally make appointments
and the promotions process is fair, independent and
impartial, she added.
She said she was "not aware" of any officers alleging
Garda wrongdoing being put under surveillance or having
their phones tapped.
Ms O'Sullivan suggested an independent body should
be set up to deal with whistleblowers within her rank
and file.
A former High Court judge has already been asked by
the Government to investigate an alleged smear
campaign against a Garda whistleblower.
Justice Iarfhlaith O'Neill has been charged with probing
claims that senior gardai targeted an officer in a
widespread character assassination.
He is to report back on his findings within six weeks.
It is understood that two senior gardai have made
statements to justice chiefs that false and damaging
allegations were made against the whistleblower and
that one has said they were following orders.
Pressed about the claims, Ms O'Sullivan repeatedly
insisted she could not talk about any individual case.
But she said she had no part in any alleged conspiracy.
"I'm personally not privy to, did not approve or
condone any campaign against any individual," she told
the Joint Committee on Justice and Equality.
Ms O'Sullivan said she was trying to recruit an
independent expert to review the force's whistleblower
processes, but suggested it may be better to take the
system outside.
We never said everything is perfect - far from it," she
said.
"It is a relatively new process for everybody. Everybody
is learning. That is why we are engaged in a review of
policy, practice and procedures."
She added: "In our experience, it may be appropriate to
have some independent entity that can independently
and impartially receive all these complaints."
Ms O'Sullivan said the number of officers who have
made complaints under the existing internal system
was in single figures.
She refused to comment on whether they were on
extended sick leave over workplace stress.
"I am not in the business as Garda Commissioner or
Noirin O'Sullivan of messing with anyone's lives or
families," she said.
My business is leading an organisation of men and
women there to support the community."
The Garda commissioner admitted it is taking "gritty
determination" to push the force through a huge
cultural change, which was ongoing and does not
happen overnight.
She said she would fully co-operate with the judge-led
review into the alleged smear campaign, including
handing over any electronic evidence or other files that
may be requested.

Gardai used secret


taxpayer fund to buy
meals and gifts

Philip Ryan Twitter


EMAIL
PUBLISHED
09/10/2016
1
Garda Commissioner Nirn OSullivan. Photo: Gerry Mooney
A damning internal Garda report has found
serious mismanagement of public funds by
the Garda Training College in Templemore,
the Sunday Independent can exclusively
reveal.
The report, compiled by Garda auditors, discovered a
secret 125,000 fund created by staff using taxpayers'
money which was used to buy expensive meals in local
restaurants and retirement gifts for senior officers.
The revelation will add further pressure on Garda
Commissioner Noirin O'Sullivan who is currently the focus
of allegations she was involved in a smear campaign
against garda whistleblower Maurice McCabe.
It has also emerged this weekend that Sgt McCabe has
been on stress leave from the force since April.
Tanaiste and Justice Minister Frances Fitzgerald, who last
week established a judge-led inquiry into the smear
campaign allegations, is also understood to be aware of the
internal audit of the Garda College.
The audit discovered rental income from the leasing of
farm land associated with the training facility was held in a
bank account linked to the college's restaurant.
However, according to the report, the leasing of these
fields is not the responsibility of the college, but rather it
should have been handled by the Office of Public Works
(OPW).
The report said the rental income collected from the
Dromad Farm land between 2009 and 2013 should be
transferred to the OPW as it is the legal owner of the land.
There was a moratorium on new recruits for most of this
period but the college was still used for upskilling
members and working on operational training routines.
The money in the Garda College account was used to buy a
433 present for a superintendent who was transferring to
another division, and 340 was spent on the retirement of
an assistant commissioner.
A further 740 was spent on a meal in the Fiacri Country
House Restaurant in Tipperary where the 50 set dinner
menu includes deep fried panko-coated squid for starters,
followed by sirloin steak with a mushroom and cognac
sauce.
Another 412 was spent in Murphy's Restaurant in
Templemore, while 440 was marked for entertainment
costs. The audit also raises serious concerns about dozens
of bank accounts associated with the training college and
called for them to be immediately closed and all
expenditure should be centralised.
It recommends that gardai who are directors of companies
linked to the college should be reminded of their legal
obligations and make appropriate declarations with the
Standard in Public Office Commission (SIPO).
A Garda spokesman confirmed Commissioner O'Sullivan
has a draft copy of the report.
"Following a recent Garda internal audit, a number of
legacy issues associated with the provision of ancillary
services in the Garda College, Templemore, have been
identified which are not in compliance with current public
standard corporate governance procedures," he said.
The spokesman insisted the audit has not been finalised.
"However, as is normal practice, the matter was brought to
the attention of the Comptroller and Auditor General
(C&AG) and a statement in relation to this matter was
included in the 2015 appropriation account of An Garda
Siochana, recently published by the C&AG," he added.
He said gardai plan to comply with the recommendations
made in the report to ensure it is in compliance with
public financial procedures.
Commissioner O'Sullivan was a superintendent in the
Garda College for three years between 2000 and 2003.
The audit did not cover this time period. Last night, Public
Accounts Committee chairman Sean Fleming confirmed
he will be seeking answers from the Commissioner at the
next hearing she attends.
The Commissioner is also likely to be interviewed by
former Justice Iarfhlaith O'Neill who has been tasked by
Minister Fitzgerald with investigating claims of a plot to
discredit Sgt McCabe. The allegations were made by the
former head of the Garda press office Superintendent
David Taylor.
Supt Taylor claims Commissioner O'Sullivan and former
Garda Commissioner Martin Callinan were aware of the
campaign against Sgt McCabe. Ms O'Sullivan denies any
involvement.

Isn't ARIZUN the new vulture fund in Ireland???


What a coincidence...
Just saying.....Article from 2014.
Now wouldn't you think the Attorney General would have
an interest in this?!!!
"MORTGAGE campaigners NEW BEGINNING SOLD a
database containing the financial details of more than
1,000 struggling homeowners to a 2bn investment fund
that aims to buy up 15,000 distressed homes here.
The data includes the value of the home and mortgage,
the size of the household and after-tax income for AIB,
Ulster Bank and Bank of Ireland customers. Confidential
documents reveal that the Malta-based fund ARIZUN used
New Beginnings database to calculate the profitability of
the scheme before approaching Irish banks to negotiate
the purchase of thousands of distressed loans.
The database should have been redacted to comply with
data protection laws so that names and addresses would
not be passed on.
Instead, on August 25 an unredacted database was
emailed from New Beginning to ARIZUN.
In a statement last night, the Data Protection
Commissioner confirmed that an investigation into a data
security breach under the Personal Data Security Breach
Code of Practice is now under way".

Meanwhile, Sergeant McCabe is finally getting the justice


he sought. McCabe first came to prominence when he
reported an assault case in his jurisdiction in Cavan had
not been pursued properly. He especially exposed
corruption in the penalty point system where well-known
figures who drove drunk, got into accidents, were caught
speeding had their penalty points scrubbed by top police
brass.""
Irish cop whistleblower may bring down govt as no
confidence vote called
Sgt Maurice McCabe uncovered illegal practices among Garda
colleagues, resulting in a scandalous character assassination
campaign against him.
IRISHCENTRAL.COM
The body count is growing ... how much longer can
Michel afford to keep his friend, the crazed Mayo
megalomaniac in power?
Did dark forces try to silence Garda McCabe?
Could happen, I suppose. You're copying and pasting material within
a child abuse file - we're not sure why that was happening, but let's
see where this goes.
Currently the public are toothless in the fight against
corruption.. Bite Back
25 January 2017

Fitzgerald welcomes Road


Upgrades at Grange Castle
Business Park

Local TD and Tnaiste, Frances Fitzgerald has


welcomed funding of over 3.1million
towards road upgrades around Grange Castle
Business Park by the Department of
Transport.
Speaking this afternoon, Fitzgerald said: I am
pleased with the announcement today by my
colleague Minister for Transport Shane Ross,
of the 2017 grant allocations for local roads.
Over 3.1million has been allocated to South
Dublin County Council for roads in our local
area including the Nangor and Adamstown
Road Improvement Scheme.
This grant which is supported by the IDA,
will support industry and facilitate increased
employment in the area of Grange Castle
Business Park.

Grange Castle Business Park is continuing to


expand and attract global industries. Leading
global firms such as Pfizer, Microsoft and
Google have already developed facilities in the
area. The development of the roads network
surrounding the business park proves positive
for the Lucan, Clondalkin, Newcastle and the
surrounding areas.

As Minister for Justice and Equality, I am


deeply conscious of the serious issue of road
safety on our roads. The quality of our road
infrastructure network is paramount to
ensuring safety of residents in local
communities across the country.

Fitzgerald concluded, The priority for


Government in 2017 continues to be the
maintenance of our existing road network
which will enhance safety and support job
growth in local areas.
ENDS
23 January 2017

Remember to make sure your


passport is in order before
you travel

Local Fine Gael TD and Tnaiste Frances


Fitzgerald, has urged locals to make sure their
travel documents are in order before they
travel.

Before you book your trip it is important to


look at your passport and check its expiry date.
If youre booking for your children, remember
to check their passports too.

When applying, allow at least six weeks for


your passport application. Delays are often
encountered when forms are incorrectly
completed and the six weeks allows time for
any issues to be dealt with.
Turnaround times for passports can vary
depending on demand volumes but the
Department of Foreign Affairs recommends
allowing 3 weeks for renewals and 4 weeks for
first time applicants.

For genuine emergencies there is a Rapid


Renewal Service. Certain specific
documentation is required for this and
candidates have to go to the Passport Office on
Lower Mount Street in Dublin. There are,
however, limitations to this service, so its best
to check your passport now and get your
application in on time.

Its also important to familiarise yourself with


the visa requirements of the country you are
visiting.

Visa requirements differ from country to


country outside the European Union, so its
best to check with the countrys embassy or
consulate prior to making your travel
arrangements.

Remember, if something goes wrong when


youre travelling abroad and you need help,
you can contact your local Irish Embassy or
Consulate.

In general, in the provision of consular care,


the Department of Foreign Affairs can:

Issue emergency passports/travel


documentation (if certain criteria are met).
Advise and support you in the case of an
accident, serious illness or death.
Help liaise with local police or other
authorities, particularly if there is a language
barrier.
Contact your family or friends on your
behalf.
Visit you in prison if you have been detained.
Advance cash to you in an emergency
situation provided that the amount you need
has been lodged in advance with us at our
offices in Dublin or Cork or at a Garda Station.
Provide a list of English-speaking lawyers,
doctors or interpreters in a country.
Provide a list of local undertakers in the
event of a death.

The Department of Foreign Affairs and Trade


provides regularly updated travel advice for
every country in the world and I strongly
encourage you to visit it before making travel
plans. This is all available on the website -
https://www.dfa.ie/travel/travel-advice - and
through a special free Smartphone App called
TravelWise" she concluded.

ENDS

19 January 2017

Fitzgerald welcomes new


model for allocating resource
teachers to schools
Local TD, Tnaiste Frances Fitzgerald, has
welcomed the announcement today that a new
model for allocating Special Education
Teaching Resources to mainstream primary
and secondary schools will be introduced from
September 2017.

I receive a lot of queries from parents who


want to know what resources are available to
support their children with Special Educational
Needs in our mainstream schools. A new
model has been announced today that will see
an additional 900 teaching posts provided to
support the introduction of a new Special
Education Teaching Resources allocation
model, which will remove barriers in children
accessing resources.

This new model will allow schools allocate


resources to pupils, taking into account their
individual learning needs, as opposed to
requiring a particular diagnosis of disability. It
will also remove the barrier of having to wait
for a specific diagnosis to access resources and
instead allow schools to cater to that childs
need immediately, allowing early intervention
and supporting inclusion in our schools,
confirmed Fitzgerald.

The provision of up to 900 additional teaching


posts will ensure that no school receives an
allocation of resources less than those received
in the current school year. Furthermore, up to
1,000 schools will receive additional
allocations, where the new model indicates
additional need.

Re-investing the benefits of the economic


recovery into services in order to build a fair
and compassionate society is my focus in
Government. Education is the best means of
delivering a fairer society, breaking down
cycles of disadvantage and ensuring that all
our people, in particular those with special
educational needs, are able to participate in
that progress and fulfil their potential.

Special Education Needs provision accounts


for one fifth (1.5billion) of the overall
education budget. This investment
demonstrates the commitment to improving
services and supporting children accessing
education. Government has agreed to provide
additional resources to implement this model
including 18 million in funding and 900 extra
resource teachers.

The model which has been carefully worked


up is aimed at ensuring that we can deliver
better outcomes for children with special
educational needs, and eliminate unfairness
and other problems which exist in the current
model.
why does r.t.e now show pics of mrs McCabe ? is this a
further stepping up of Intimidation? she is not a public
figure, they have suffered enough -- back off rte----(Martin
challenges Fitzgerald over Tusla information) show the
guilty not the victims http://www.francesfitzgerald.ie/
This model has already been postiviely
received in a number of pilot schools
throughout the country. I hope that parents in
Lucan, Clondalkin, Newcastle, Rathcoole,
Saggart, Palmerstown and Brittas will also
reap the benefits of the new model from
September onwards, concluded Fitzgerald.
That's the thing about pesky
crime reporters; we know that
a Garda inspector isn't in
charge of a division. Someone

might tell Justine.


Crime reporters object to
negative image of their trade
Some journalists fear whistleblower inquiry will change
relationship with garda forever
Fri, Feb 10, 2017, 01:00
Peter Murtagh

Garda Commissioner Nirn OSullivan. Supreme Court judge Peter Charleton


will examine whether OSullivan was a source for a May 9th, 2016, RT
broadcast. Photograph: Eric Luke
The Leveson Inquiry in the United Kingdom, which
investigated the relations between police and the press,
convulsed journalism and changed the relations between
the two forever.
Today, some crime journalists in Ireland wonder if the
inquiry to be headed by Supreme Court judge, Peter
Charleton into allegations of a Garda campaign to smear
whistleblower Maurice McCabe will do the same.
Is this our Leveson? asked one crime reporter. The
Government on Thursday agreed to expand the inquirys
terms of reference to include any contacts between
senior garda and ministers, past or present.
Besides examining whether there was a campaign to
encourage negative media reporting of McCabe, the
judge will also examine whether Garda Commissioner
Nirn OSullivan was a source for a May 9th, 2016, RT
broadcast.
In it, the stations crime correspondent Paul Reynolds
gave a leaked account of a report by Mr Justice Kevin
OHiggins in which Sgt McCabe was branded a liar and
irresponsible.
A popular perception of crime reporters is that they are
too close to the Garda Sochna so close that, in reality,
they are little more than garda mouthpieces.
Thats bollocks, was the blunt and uncompromising
retort from one.
Complete nonsense, agreed another.
No support
Practitioners contacted Thursday were prepared to talk
mostly only off the record. However, Michael OToole of
the Star was robust in defence of his craft.
Somehow, he said, crime reporters are not allowed to
get stories. Every other type of journalist gets stories and
are applauded. Crime reporters have no support from
other sections of the media. They think we are just fed
stuff by the Garda press office. Thats not true; its an
urban myth.
: Analysis: Garda Commissioner winched to safety for
now
: McCabe row: FG vice-chair calls on Garda chief to
stand aside
: McCabe row: FF concerns on what Tnaiste knew of
Tusla role
OToole says almost all of his reports are based on old-
fashioned reporting gum shoe journalism, as he put
it by having contacts in every Garda division, among
criminals and by working sources daily. His own
reporting has led to threats on his life.
You dont get that when youre [a journalist] sipping
lattes in Leinster House.
Another crime reporter, also speaking off the record,
said, however, there were colleagues not OToole
whom it was widely known had relationships with the
garda that were too close and compromised their
independence.
I can identify who exactly is a mouthpiece for the
guards, said this reporter, and there are people who
have made a career out of it. Do political journalists just
repeat what some spin doctor tells them? Yes, some do
but the good ones dont. Same with us.
The reporter said that allegations, voiced by Labour
leader Brendan Howlin under the protection of Dil
privilege, that Sgt McCabe had committed sexual
crimes, had also been given to them.
I was told that by senior guards, said the reporter. I
checked it out and there was no evidence to back it up
and so I never wrote it.
In April 2014, one of the best-known crime reporters,
Paul Williams, reported in the Irish Independent a story
under the headline Girl wants new probe into alleged
sex assault by garda that related to Sgt McCabe but
without explicitly linking the allegation to him.
Williams could not be contacted Thursday but an
Independent source said the story did not originate with
senior Garda and, in any event, could not be confirmed.
Investigated fully
The allegations were very serious but when we
investigated fully, there was no way they could stand
up, said the source.
Another crime reporter, also talking off the record, said
the relationship between the Garda and journalists was
dysfunctional.
Trying to get even basic information from Garda
headquarters is like pulling teeth, they maintained. I
can ring a police force in England or the US and get a lot
more information on the record, as a complete stranger,
than I can from people in the Garda who know me and
whose job it is to deal with the media.
The people working on the press office are not the
problem. Theyre curtailed by those over them who are
obsessed with not letting anything out and about
launching investigations to find the source whenever
something that isnt sanctioned appears in the media.
This newspapers long-standing crime and security
editor, Conor Lally, says he knows that lots of his
reports have made Garda headquarters livid. He relied
mostly on his own contacts.
I rely on the goodwill of contacts to talk off the record,
said Lally. They want to take charge of the information
of their own operations because they dont feel they get
that from Garda HQ and so talk to us off the record.
Its funny that crime reporters seem to be at the centre
of this now even though politicians are on the record as
saying these rumours have been doing the rounds in
Leinster House for an age. Its not the crime reporters
spreading it around political circles, he says.
RT spokeswoman Laura Fitzgerald declined to talk in
detail about the focus on Paul Reynoldss May 2016
report but said the station will give the commission the
due respect it deserves.
Reynolds was a very, very experienced reporter with a
well-respected reputation, she added.
Michael OToole agreed.
I know Reynolds, he said. Ive been a friend of Pauls
for years and hes the hardest-working journalist I know.
I go to more [crime] scenes than most and when I go,
hes there before me and is there after I leave.
Big: Howlin now saying the
reporter didn't speak to Noirin
O'Sullivan, but was aware of
"direct knowledge" of contact.
H/t

please RT.. details of our upcoming 40th


Anniversary march for Mary and for Justice for all
who have been failed by the Irish state!
Who is 'Mr. Nobody' ,the Kinahan cartel
mastermind? We get the latest developments on
Dublin gangland feud, with now
Statement of Commissioner Noirin O'Sullivan on
fourth anniversary of murder of Detective Garda
Adrian Donohoe.

Happy 80th birthday to the great - an apostle for


peace in the midst of violence. Huge inspiration to
me.
Taoiseach and Tnaiste
leave Zappone isolated as
Cabinet left struggling
with Tusla crisis
Web of deceit at heart of Garda smear
probe
Niall O'Connor and Kevin Doyle
PUBLISHED
11/02/2017
2
In happier times: Justice Minister Frances Fitzgerald and Katherine
Zappone last year Photo: Niall Carson/PA Wire
The stability of the minority Government
has been thrown into serious doubt over its
disastrous handling of the Tusla scandal.

Fine Gael ministers have reacted with fury after it emerged


Children's Minister Katherine Zappone failed to inform
the Cabinet of the litany of blunders by the State's Child
and Family Agency.
Both Taoiseach Enda Kenny and Tnaiste Frances
Fitzgerald last night moved to distance themselves of any
blame - leaving the Independent minister isolated and
humiliated.
The revelation that Tusla circulated a file containing a
false allegation of child sexual abuse against garda
whistleblower Maurice McCabe has plunged the agency
into crisis.
A full investigation is now under way into how a
counsellor mistakenly "copy and pasted" allegations of
child molestation on to the McCabe file, which is believed
to have been seen by a number of garda.

2
2
Mr Justice Peter Charleton
But the ramifications of the scandal are now threatening
the future of the minority administration, with Fine Gael
ministers lining up yesterday to attack Ms Zappone.
Several ministers confirmed that Ms Zappone sat silently
as the terms of reference for the Commission of
Investigation into an alleged smear campaign against Sgt
McCabe were agreed at last Tuesday's Cabinet meeting.
She then travelled to the United States to visit relatives.
In a statement issued yesterday afternoon, Ms Zappone
defended her handling of the case, insisting she had
informed "relevant government colleagues" of the facts.
Her spokesman later declined to say who these individuals
were.
However, the Tnaiste was categorical last night that she
had no knowledge of the Tusla link to the alleged smear
campaign until it was reported in the media on Thursday.
"She of course did not inform me about any details in
relation to confidential Tusla records," Ms Fitzgerald said.
Earlier in the Dil on Thursday, she twice denied any
knowledge of a Tusla link.
A spokesperson for the Taoiseach said that he was also not
aware, although both admit knowing about the meeting
between Ms Zappone and Sgt McCabe - the country's most
high-profile whisteblower - in advance.
The meeting, which was requested by Sgt McCabe's wife
Lorraine, took place on January 25.
At that meeting Sgt McCabe outlined to the minister
Tusla's handling of the case but Ms Zappone did not alert
the Justice Minister, who was at the time studying the
review of two protected disclosures made in relation to Sgt
McCabe's case.
Well-placed sources told the Irish Independent last night
that the Tusla files on Sgt McCabe would have quickly
emerged during the course of Mr Justice Peter Charleton's
investigation - but accepted it would have been better if
the Justice Minister knew in advance of setting the terms
of reference.
Opposition parties were yesterday accusing Ms Fitzgerald
of misleading the Dil when she said she had no
knowledge of State agencies outside of An Garda Sochna
being linked to the alleged smear campaign.
However, sources close to the Tnaiste last night said her
Dil statement was completely accurate at the time and
she had done "absolutely nothing wrong".
Senior Fine Gael figures lashed out at Ms Zappone, with
several ministers accusing her of effectively blindsiding
the Justice Minister.
Several TDs also said they believed the saga had moved
the administration closer to collapse. Fianna Fil
described the situation as "crazy" and said Ms Zappone's
credibility was now "at risk". But Michel Martin's party
has decided to adopt a 'wait and see' approach.
The Cabinet will meet on Tuesday to discuss expanding
the terms of reference to include the Tusla link.
http://www.independent.ie/irish-news/taoiseach-and-tnaiste-leave-
zappone-isolated-as-cabinet-left-struggling-with-tusla-crisis-
35441776.html

Zappone: I won't reveal


identities of 'relevant
government colleagues'
Children's Minister under fire as Tusla
controversy escalates
Niall O'Connor and Laura Larkin
PUBLISHED
10/02/2017

3
Childrens Minister Katherine Zappone. Photo: Tom Burke
Children's Minister Katherine Zappone has
said she will not reveal the identities of the
"government colleagues" with whom she
said she discussed the shocking blunder by
Tusla regarding garda whistleblower
Maurice McCabe.

Ms Zappone has been under mounting pressure over


whether she properly informed the Cabinet of the "copy
and paste" blunder by the State's child and family agency.
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 Zappone said she became aware of the circumstances
surrounding Tusla after being contacted by Mrs McCabe
on January 18. She said she then met the couple a week
later.
In a statement this afternoon, Ms Zappone insisted she
informed relevant Government colleagues in the period
since the meeting with the McCabe family.
"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 statement reads.
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 28th January.
She does not state who these "relevant colleagues" are and
whether they are members of Cabinet. The statement does
not say whether she passed on this information to
Taoiseach Enda Kenny or Justice Minister Frances
Fitzgerald.
This evening, the minister's spokesperson refused to
divulge the names and refused to say whether these
individuals were members of Cabinet.
"We are not deviating from our statement." the
spokesperson said.
Senior Fine Gael sources say it would be "incredible" if Ms
Zappone had not discussed the issue with Tnaiste and
Justice Minister Frances Fitzgerald.
Ms Fitzgerald told the Dil yesterday that she was unaware
of any other state agencies being linked to the growing
controversy.
The statement added that Tusla informed the Secretary
General of the department that the issue is now under
review.
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.
Earlier, the chief executive of Tusla 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".
http://www.independent.ie/irish-news/zappone-i-wont-reveal-
identities-of-relevant-government-colleagues-35440339.html
Garda convicted of
assaulting two women in
dispute over 15 payment
for lift home
Verdict will have 'devastating
consequences' for man who survived
US shooting

Ralph Riegel Twitter


EMAIL
PUBLISHED
11/02/2017

1
Garda Brian Hanrahan outside Nenagh District Court yesterday
Photo: Liam Burke
A Garda who survived a holiday shooting in
the US was convicted of assault causing
harm to two young women in a row over a
15 fee for a lift home.
Garda Brian Hanrahan (34) had vehemently denied before
Nenagh District Court that he punched the two women in
an unprovoked attack near an isolated Tipperary cemetery
last year.
However, Judge Elizabeth MacGrath convicted the young
Newcastle West-based garda of assault causing harm.
"Having studied the evidence very carefully... the court is
satisfied that Mr Hanrahan is guilty of the two charges,"
she said.
Judge MacGrath noted that an independent witness, a
security guard driving home, had seen a man holding a
woman by her hair near Lisboney cemetery.
Judge MacGrath noted inconsistencies in Hanrahan's
evidence, including his initial claim in a 999 call made
from the scene, that he had been confronted by some six
or eight people.
"I have found that Mr Hanrahan's account on the night in
the 999 call was not accurate," she said.
Judge MacGrath also noted that, in his 999 call, Hanrahan
said those confronting him were "a f***ing crowd of
psychopaths".
When Judge MacGrath convicted him of the two assaults,
Hanrahan bowed his head.
The young women assaulted, Aisling King and Emer Kelly,
began crying.
Judge MacGrath adjourned sentencing until April 27 to
allow probation and psychological reports to be prepared.
"The attitude (of Hanrahan) on the night ... and other
issues ... does give rise to concern," she said.
Judge MacGrath noted that the garda had been mugged,
shot and seriously injured while he was on holiday in New
Orleans in the US in 2015.
Daniel O'Gorman, solicitor for Hanrahan, said the
convictions would have "devastating consequences" for the
young garda.
Hanrahan is a married father of two whose children are
aged just six months and three years.
Ms Kelly and Ms King had sobbed while giving evidence
about the assaults, which occurred when they had asked
the young garda for a promised 15 payment for a lift
home.
Read more: Garda shot on holidays convicted of
assaulting two women on night out
In victim impact statements, they said that they had
always respected garda but, after the assaults, they were
now afraid.
"I couldn't believe that a guard could do this to me.
"The garda are meant to be there to help you," Ms Kelly
said.
Hanrahan, who was off duty at the time of the incident last
March, insisted he only acted in self-defence after he
claimed one of the young women "launched herself" at him
in a row over the lift fee.
Michelle O'Connell, for the State, said garda became
aware of an incident in Nenagh at around 4am on March
6.
Ms Kelly was in Nenagh with her friends Aisling King and
Ellen Nyhill in her new car.
Hanrahan had been out socialising, and then approached
them and agreed to pay 15 for a lift.
"He was rude. He said that Nenagh was full of scumbags,"
Ms Kelly said.
The women asked Hanrahan to get out of their car at
Lisboney cemetery.
"Aisling went to drive off but I said I will ask him for the
money," Ms Kelly said.
"He pulled my hair and beat me to the ground."

http://www.independent.ie/irish-news/courts/garda-convicted-of-
assaulting-two-women-in-dispute-over-15-payment-for-lift-home-
35441741.html

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.
Fianna Fil TD John McGuinness spoke on RTE's Six One
News this evening and said a criminal investigation is
needed into how the Tusla file was created and by whom.
Mr McGuinness also said that Tusla's apology to Mr
McCabe was today delivered to his next door neighbour
and then passed on to the family.
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/taoiseach-and-tnaiste-knew-
about-zappones-meeting-with-whistleblower-but-did-not-know-
about-tusla-blunder-35440910.html
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.
http://www.shannonside.ie/podcast/john-wilson-claims-maurice-
mccabe-criminally-treated/
Ah Noirin time to hang your clogs up The games are
coming to an end ...

Calls for Garda Commissioner to step aside


Mary Lou McDonald, Sinn Fin Deputy Leader, calls on Garda
Commissioner Nirn O'Sullivan to step aside
MARY LOU MCDONALD, SINN FIN DEPUTY LEADER, CALLS ...|BY STRATA3 -
HTTP://WWW.STRATA3.COM/
Ireland is without doubt the most corrupt country in the developed
world. People always say we need whistleblowers but when you see
the depths the system will go to in order to protect itself from
exposure then it's understandable why more don't come forward.
The most frightening thing for any parent is the thought of losing a
child. Imagine Tusla sending social workers around to your house as
a threat that you will lose your children if you don't keep your mouth
shut? The people involved come from the same stock as the devils
who sent little boys and girls off to industrial schools to be tortured
and raped by the religious orders, none of them were held to
account and the same evil is alive and well today. Is Tusla taking
over where the church left off?
In other countries, whistleblowing is recognised and
rewarded. Ireland, however, is different.
In almost every case - from An Garda Siochna to the
Army to the HSE - the outcome is reprisals against the
whistleblower of the most appalling nature,

Ireland never rewards


whistleblowers like Maurice
McCabe and me - it punishes
us
Ireland treats whistleblowers differently to most other countries as I
found out, writes Dr Tom Clontan.
February 11, 17

Tom Clonan
INVESTIGATIVE REPORTERS HAVE over the past
day revealed details of false allegations of child sexual abuse
leveled at garda whistleblower, Sergeant Maurice McCabe.
After initially being reported by Mick Clifford in the Irish
Examiner, Thursdays Prime Time report by Katie Hannon
gave the Irish public a shocking and deeply disturbing
insight into the torment and vilification endured by Irish
whistleblowers.
It is impossible to imagine what Maurice McCabe and his
family have suffered since he made the simple but
momentous decision to blow the whistle on garda
wrongdoing.
Maurice McCabes motivations, actions and findings have
been comprehensively vindicated by a series of official
enquiries and reports. There is no doubt as to Maurice
McCabes probity and integrity. However, as is the case for
anyone who speaks truth to power in Ireland, Sergeant
McCabe has not been rewarded. Instead, he has been
punished.
He has endured prolonged hostile scrutiny from sections
within the political establishment, senior gardai and Im
ashamed to say it some journalists. While it may be
impossible to fully comprehend the level of suffering
endured by this man and his wife and children, it is all too
easy to identify the toxic dynamic of whistleblower reprisal
that operates in Ireland.
In other democracies, the social value of whistleblowing is
widely recognised and rewarded. For example, in the United
States, whistleblowers are often awarded financial incentives
sometimes multi-million dollar rewards for calling a halt
to unethical, illegal or dangerous practices in the workplace.

Ireland, however, is different. In almost every case


whether the whistleblower is in An Garda Siochana, the
Army, the HSE or the banking and financial services sector
the outcome of whistleblowing is inevitably whistleblower
reprisal of the most appalling nature.
What happened to me
I have personal experience of whistleblower reprisal. As a
young army officer and captain, between 1996 and 2000 I
conducted a PhD study into the experiences of female
soldiers, sailors and aircrew in the Irish Defence Forces. I
was given formal written permission by the military
authorities to conduct this research. Furthermore, I was
instructed in writing by the general staff to comply with the
regulations of the university and lodge the thesis to the
library of Dublin City University, where it remains as a
published document in the academic repository.
Unfortunately, like Sergeant Maurice McCabe in An Garda
Sochna, I found evidence of widespread wrong-doing
within our Defence Forces. I found evidence of explicitly
discriminatory and illegal policies and practices within the
Defence Forces as they applied to women. Some of these
sexist policies and practices were in breach of international
law, including the Geneva Conventions, EU law and Irish
equality legislation. Indeed, some of the policies were in
contravention of some of our Irish constitutional guarantees
around equality. The senior officers who promulgated and
implemented such policies were in breach of their solemn
oath of allegiance to Bunreacht na hEireann.

My research also found evidence of shockingly high levels of


bullying and harassment of female personnel within the
Irish Defence Forces. There were extreme levels of sexual
violence against women with female soldiers reporting
experiences of sexual harassment, sexual assault and
allegations of rape.
Like Sergeant Maurice McCabe an idealistic and
committed garda as a young officer, I was completely
devoted to the Irish Defence Forces. The day I was
commissioned as an officer was the proudest day of my
young life.
Targeted character assassination
When I uncovered the systematic and systemic regime of
misogyny and violence towards women within the Defence
Forces, in my naivety I fully expected my superiors to act
upon my findings and bring an end to this toxic and
dysfunctional culture. However, this was not the case.
Instead, I was promptly sent to Coventry by the majority of
my former colleagues and friends.
I was immediately isolated and my findings completely
ignored. I retired from the Defence Forces in December
2000 to pursue an academic career. In the summer of 2001,
when my research findings were reported in the national
newspapers, I was fully introduced to whistleblower reprisal
Irish style.
Like Maurice McCabe, I was targeted in a sustained
campaign of character assassination. Amongst other things,
I was physically assaulted by a former colleague in front of
my infant children in the city centre. I was subjected to
months of constant abusive texts, phone calls and silent calls
by former colleagues. I was threatened by staff officers at
Defence Forces Headquarters with a campaign of dirty
tricks. I was told that my research findings constituted a
threat to the reputation of the organisation. One senior
officer to whom I turned for advice and support
informed me that when the reputation of the organisation is
at stake, character assassination is a legitimate tactic. He
further warned me that when the organisation cant go for
the ball, theyll go for the man.
Eventually however, at my behest, the then-Fianna Fail
Minister for Defence, Michael Smith, launched an
independent government enquiry into my research, called
the Study Review Group. It reported in 2003 and fully
vindicated my research findings, conclusions and
recommendations. Thankfully, the Defence Forces are now a
better place to work for both men and women and
considered to be an example of best practice for equality,
diversity and dignity by the international military.
The effects of a whispering campaign
Over the years, I still encounter the negative consequences
of reprisal for being a whistleblower. For example, in 2008, I
had to enlist the support of the NUJ when I was informed by
officers at DFHQ that they could not guarantee my physical
safety if I attended a press conference in McKee Barracks.
Over the years, Ive had time to reflect on the ruptured
friendships and the loss of my relationship with the
organisation an extension of my family. It is a traumatic,
upsetting and bewildering experience. To this day, I still get
phone calls from duty editors and producers who have
received negative briefings about me. The whispering
campaign endured by Maurice McCabe is all too familiar to
me.
However, my experience pales into insignificance compared
to that of Sergeant McCabe and other brave Irish
whistleblowers who have tried to the right thing in our
dysfunctional and toxic polity. I often wonder how Ireland
would have fared if there had been enough brave
whistleblowers in our banking and financial services sector
during the so-called Celtic Tiger. If they had been listened
to, perhaps our children and grandchildren would not have
been burdened with 85 billion in debt.
I would appeal to Taoiseach Enda Kenny and Minister
Frances Fitzgerald to follow the example of a previous
Minister for Defence in dealing with the concerns raised by
Maurice McCabes case. A root and branch reform of An
Garda Siochana is required with at a minimum, the levels
of oversight and governance that we expect of the PSNI. And
I would appeal to all right-thinking Irish citizens: please
cherish our whistleblowers. They embody the change that is
required in order for Ireland to survive as a political,
economic and social entity.
http://www.thejournal.ie/readme/tom-clonan-whistleblowers-
3233836-Feb2017/?utm_source=twitter_self

Someone needs to be
jailed over McCabe
allegations Wilson
By Kevin McGillicuddy -
10th February 2017

A former Garda whistleblower claims that someone


needs to be jailed over false allegations of sexual
abuse leveled at Maurice McCabe.
It emerged this week that untrue allegations of sex
crimes were made against the Garda whistleblower
and passed on the child and family agency Tusla
Gardai were notified of the allegations, but Sergeant
McCabe was never informed.
The controversy surrounding the whistleblower
scandal has led to increasing calls for the Garda
Commissioner to step aside during investigations.
Opposition parties such as Sinn Fein and Labour say
Nirn OSullivans position as head of the force is
untenable.
John Wilson, was was previously a Garda stationed
in Mullingar, told the Joe Finnegan Show that the
false claims must result in someone being jailed
TREASON COVER UP WHITE WASH CRIMES FROM REFERENDUM
RIGGING, ELECTION RIGGING, EVEN GARDA CORRUPTION IN OUR
FORCES AND THIS PRICK COVERS IT UP.
Can anyone edit it Nirn O'Sullivans head?
The people I spoke to made it very clear that they didnt
report on the briefing against Maurice McCabe because
they sensed it was bullshit. And bullshit they first heard
years ago, But let me be really clear. Lots of people
working a journalists have known the police force was
spinning this shit for years. For. Years.So the fact we
mostly heard about it today? Well that means that lots of
people the people who fill newspapers and make news
TV ??? They all have been keeping their mouths shut.'
5 Things You Need
To Know About
Maurice McCabe
and Police
Corruption
In Ireland.
FEBRUARY 11, 2017 / SOUNDMIGRATION
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5 Things You Need to Ask About Maurice
McCabe and Police Corruption In Ireland.
1. The allegations that Maurice McCabe sexually
abused a child are a fabrication by the police
designed to assassinate his character. By
extension those allegations seek to undermine
his actions as whistle-blower around abuses of
power within An Garda Siochana.
So we need to ask:
Does the Irish police force have agents or allies
across state agencies in this case as state agency
set up precisely because of past failures to protect
children that are willing to make shit up to protect
public inquiry around abuses of power within the
police force.
Tusla has be able to disprove that idea. Its clear
that their internal processes of documenting
potential abuse cases have been utilised by the
Irish police force as a mean of smearing multiple
whistle-blowers.
How is it that a state agency that is meant to have
overall responsibility for child protection in Ireland
seem susceptible to the whims of a police force
acting in ways that are paranoid and outside the
control of any democratic oversight?
2. There is clear evidence that An Garda
Siochana systemically use black propaganda
organised and run from the highest levels of the
organisation- against its own officers who
speak out about failings and abuses within the
force.
In 2015, racist policing action meant that two Roma
children were taken forcibly from their families.
Someone within the police force helpfully briefed
journalists about the background to this. They saw
this was fucked up. Shortly after this the head
person of An Garda Siochana press office was
arrested and their phone seized. This was a police
officer held with high regard with many working
journalists.
Shortly after some cops, not official press officers,
started calling journalists saying Aw here we found
a bit of child porn on yer mans phone.

So lets be clear about this. People within the police


force starting openly smearing against a former
Garda press officer, calling journalists suggesting to
say the former head of Press had links to child
abuse. Precisely at the time that the new
Commissioner OSullivan and her husband sought
to make clear that a new regime was in town.

No one reported it at the time, probably cos they


knew it was bullshit. But also probably because they
knew how dirty the cops can get

But the actuality of that means that lots of


journalists knew that alle