Courts / Ireland / Report
Historic abuse allegation "dragged back in" at commission "to embarrass" McCabe, tribunal told
2018-01-12
Hearing Or Decision
Summary
In a tribunal hearing, it was claimed that the O'Higgins Commission had re‑introduced a historic abuse allegation against Garda whistleblower Sergeant Maurice McCabe solely to embarrass him. The DPP had previously ruled out prosecution in the 2007 "Miss D" case, citing lack of evidence. McCabe sought that the DPP's instructions be shared with Miss D's family, but policy prevented this. Senior counsel Michael McDowell argued that the case was excluded from the Commission's terms of reference but was later dragged back in a collateral manner to undermine McCabe's credibility and integrity. Cross‑examination of former Department of Justice secretary general Noel Waters revealed no recollection of an email from assistant secretary general Michael Flahive about the allegation. Waters also denied recalling a 14‑minute call from Garda Commissioner Noirin O'Sullivan during a Commission recess. Ken Ruane, legal advisor to the commissioner, said the issue of McCabe's motivations was never raised.
Who, what, where, when and why
What: Report matter: Historic abuse allegation "dragged back in" at commission "to embarrass" McCabe, tribunal told. Procedural stage: hearing_or_decision
When:
- Friday, May 15, 2015 Other
- Monday, May 18, 2015 Other
- February 2015 Incident
- 2018-01-12 Publication
Why: Sgt McCabe wanted the DPP's instructions to be given to Miss D's family, but this was not possible because of the DPP's policy at the time, the tribunal heard. CNI source report
Topics
Help us improve this report
Your request is saved for the newsroom's next review. It does not immediately change the published report.
Prefer email? Send a correction request.