Courts / Ireland / Report

Tribunal chairman to consider whether module was "based on leaks and conjecture"

Summary

The Disclosures Tribunal's chairman, Mr Justice Peter Charleton, announced that he would examine whether former Garda Commissioner Nóirín O'Sullivan had improperly relied on unjustified grounds to discredit whistleblower Sergeant Maurice McCabe during the O'Higgins Commission of Investigation. The tribunal's third module, which concluded hearings from witnesses, focused on whether false allegations of sexual abuse or other unjustified grounds were used by O'Sullivan. Mr Justice Charleton outlined eleven questions for his report, including whether the commissioner's legal position letter in May 2018 was a mistake, whether a barrister's comment at the commission was made in the heat of the moment, and whether there was evidence of a "dark truth" or a "dark truth" that senior officers were targeting McCabe. He also considered whether the Minister and Department of Justice acted lawfully in leaving legal strategy to the commissioner, and whether the module was based on leaks and conjecture.

Who, what, where, when and why

What: Report matter: Tribunal chairman to consider whether module was "based on leaks and conjecture". Procedural stage: hearing_or_decision

When:

• May 2018 Other
• May 2016 Other
• 2018-02-08 Publication

Why: " Ken O'Leary, a former Department of Justice deputy secretary, said that the department felt it could not ask the commissioner what her legal advice was relating to the commission because it would set a precedent. CNI source report

Topics

Sexual Offences Stage Hearing Or Decision

Read the original CNI report