Courts / Westmeath / Report

False rape allegation remained on McCabe file until this year

Summary

In 2017 the Charleton tribunal heard that a false rape allegation had remained on Sergeant Maurice McCabe's file until that year. The allegation was forwarded to the Garda Commissioner in May 2014 by Assistant Commissioner Kieran Kenny after receiving a report from Chief Superintendent James Sheridan. The DPP had directed in 2007 that no prosecution should be made against McCabe following an allegation of inappropriate touching by Ms D. A Tusla file opened in 2013 after Ms D sought counselling mistakenly added unrelated allegations. The tribunal is investigating whether McCabe was the target of a smear campaign. A subsequent Tusla report, sent to Kenny after the error was discovered, was not forwarded to Garda HQ. Kenny wrote to the Commissioner on 16 May 2014, enclosing Sheridan's correspondence. Sheridan later wrote on 23 May 2014 that Tusla had realised the error and no further Garda investigation was needed.

Who, what, where, when and why

What: Report matter: False rape allegation remained on McCabe file until this year. Procedural stage: charge_or_pretrial

When:

• May 2014 Other
• 16 May 2014 Other
• 23 May Other
• 16 July 2014 Other
• 2017-07-25 Publication

Why: " Mr Marrinan said because the error was not reported to Garda HQ, the Garda Commissioner was "left with the view that this was a rape offence that had been investigated in 2007 and no prosecution directed. Prosecution account reported by CNI

Case subjects

Places mentioned

Topics

Stage Charge Or Pretrial

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Read the original CNI report