McCabe’s counsel raised conflict concern over O’Sullivan’s legal team

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

Sgt Maurice McCabe’s counsel, Michael McDowell, told former Garda commissioner Nóirín O’Sullivan at the Charleton tribunal on 24 January 2018 that her legal team was “hugely conflicted”.

McDowell said the same lawyer represented O’Sullivan, who was responsible for supporting McCabe, and senior gardaí whom the whistleblower had accused of corruption. O’Sullivan denied there was a conflict and said no one had suggested one to her.

Colm Smyth, who represented O’Sullivan and other senior gardaí at the O’Higgins commission, said he had been instructed that, if a conflict arose, the commissioner was his primary client and he was to act in her interests.

Smyth said the legal team was “on red alert” after seeing a report by McCabe alleging corruption by several senior gardaí. Attorney General’s office official Richard Barrett said similar representation had arisen in many inquiries and was not without precedent.