Tribunal examines allegation against Maurice McCabe amid smear campaign inquiry

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

The Charleton tribunal heard evidence about a child sexual assault allegation against Garda whistleblower Maurice McCabe as part of its inquiry into whether he was the target of a smear campaign directed by senior Garda management. The proceedings were reported on 19 July 2017.

Superintendent Noel Cunningham gave evidence that he investigated the allegation in late 2006 and early 2007. The complainant, identified as Ms D, alleged that McCabe had rubbed up against her when she was around six.

The tribunal had previously heard that, 11 months before Ms D made the allegation, her father, Mr D, was disciplined as a result of a report by McCabe. Both officers were stationed in Bailieboro, Cavan.

Local state solicitor Rory Hayden told the Director of Public Prosecutions that there were inconsistencies in the file and that the alleged incident was unclear. He said that, even if true, it amounted to “horseplay” and no more. The DPP decided there would be no prosecution.

Cunningham subsequently told McCabe there was insufficient evidence for a prosecution. Michael McDowell SC, acting for McCabe, said this left a question mark over his client because he did not know the DPP had found there was no evidence an offence had been committed. Cunningham said he was limited in what he could tell McCabe.

Cunningham said McCabe had told him the investigation had changed him and he no longer trusted anybody. The tribunal continued.