Tuesday, May 17, 2016

There was a campaign to undermine Garda whistleblower Sgt Maurice McCabe which made its way to the O’Higgins Commission, the Dáil heard today writes Daniel McConnell Political Editor.

Fianna Fail leader Micheál Martin demanded clarity from the Tanaiste and Justice Minister Frances Fitzgerald as to whether Garda Commissioner Noirin O’Sullivan sought to claim Sgt McCabe was motivated by malice.

Mr Martin’s tough stance in the Dáil was in contrast to the stance taken by several of his party’s leading TDs, who earlier in the day said they now considered the matter closed, given Ms O’Sullivan’s statement last night.

Last night the Garda Commissioner issued a statement, saying she wass legally barred from commenting about her evidence to the O’Higgins Commission.

In the Dail, during Leaders’ Questions, Mr Martin and Sinn Fein President Gerry Adams referred to the Irish Examiner’s lead story from last Friday, which revealed counsel acting for the Commissioner claimed Sgt McCabe was driven by malice in his decision to become a whistleblower.

Mr Martin said the O’Higgins Commission, which examined the allegations raised by McCabe and also the manner in which they were handled, vindicated the Cavan-based Garda’s decision to speak out.

He asked Ms Fitzgerald to find a forum within which Ms O’Sullivan can further clarify whether counsel in their dealings with the Commission, were acting on her instruction.

In response, the Tanaiste said she was precluded under law from answering in detail to the questions asked.

She said she was duty bound to respect the law and said that the privilege that exists between clients and their lawyers must be respected.

“We must take all steps necessary to ensure these mistakes are not made again. I am constrained in what I can say. All 97 witnesses to the O’Higgins Commission have rights and I must respect those,” she added.

Ms Fitzgerald said she has spoken with the Commissioner, adding she “still has issues with her” but that she and the Commissioner have both accepted in full the O’Higgins report.

The Tanaiste also told the Dail that she found the selective leaking of the report ahead of its publication as “unfortunate” and “illegal”.

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