Tribunal hears email on Garda legal strategy was forwarded to Frances Fitzgerald

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

The Disclosures Tribunal heard that an email about a row over Garda legal strategy at the O'Higgins Commission was forwarded to then justice minister Frances Fitzgerald and her advisers. The proceedings were reported on 30 January 2018.

Her former private secretary, Christopher Quattrociocchi, received the email from Michael Flahive on 15 May 2015. He said that when Sergeant Maurice McCabe's name appeared in an email, it would have been sent to the minister as soon as possible. The tribunal heard that he forwarded the message to Fitzgerald and her advisers.

Quattrociocchi said he had no specific memory of the email. He said he emailed Flahive on 25 May 2015 to say the minister had noted it. He had no recollection of discussing it with Fitzgerald, but said it was possible he had done so.

Tribunal counsel Kathleen Leader said it appeared that the information in the email was not set out in a briefing note for Fitzgerald's meeting with then Garda Commissioner Nóirín O'Sullivan on 16 May 2016. The tribunal heard there were no minutes of that meeting.

Inspector Michael McNamara told the tribunal that his understanding was that O'Sullivan had challenged McCabe's motivation without suggesting bad faith. He said a note referring to bad faith related to possible questions the commissioner might face. McCabe's lawyer, Michael McDowell, challenged that explanation; McNamara said he had no specific recollection and that his notes were bullet points.