The retired judge who examined allegations that senior gardai organised a smear campaign against whistleblower Maurice McCabe was given conflicting accounts from key witnesses, including Nóirín O’Sullivan, the garda commissioner.
Frances Fitzgerald, the justice minister and tanaiste, has sought legal advice on how to deal with the findings of a report she received two weeks ago from Iarfhlaith O’Neill, the retired High Court judge who reviewed claims made by McCabe and Dave Taylor, a former garda press officer.
Fitzgerald is expected to announce a full inquiry into the allegations in the coming weeks.
O’Neill’s investigation examined claims by Taylor he was instructed to tarnish McCabe’s reputation via the dissemination of damaging information. Taylor, who is the subject of a separate garda inquiry, has alleged O’Sullivan knew of the conspiracy.
A central allegation examined by O’Neill is thought to have concerned a text Taylor says he sent to O’Sullivan informing her a journalist had interviewed a person making allegations about McCabe. Taylor claims O’Sullivan responded to his text with a one-word reply: “perfect”.
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In a statement to O’Neill, O’Sullivan vehemently denied Taylor’s claims, and pointed out the large number of text messages she got on various matters. The commissioner acknowledged she often responded to text messages using the word “perfect” or “thanks”, and described these as “perfunctory” replies to the large number of messages she received while a deputy commissioner.
In a 10-page statement O’Sullivan defended her reputation, saying that, like the whistleblowers, she had been excluded by colleagues in the past. She also cited her “unblemished” career and record, and efforts to support McCabe. O’Sullivan noted that it was she who had restored McCabe’s access to Pulse, the garda’s IT system, once she took command of the force, and had sought advice from Transparency International, a Berlin-based global anti-corruption coalition, on how to ensure garda whistleblowers were not made to feel alienated.
O’Sullivan also used her statement to disclose the contents of a note which she was seen passing to her predecessor Martin Callinan when they appeared before the Dail’s public accounts committee (PAC) to discuss McCabe’s allegations about cancellation of penalty points in 2014. Referring to the note, O’Sullivan told O’Neill she had urged Callinan to withdraw comments he had just made describing McCabe’s allegations as “disgusting”.
The Sunday Times has learnt O’Neill also approached Callinan about an unsolicited approach he made to John McGuinness, as chairman of the PAC, in advance of McCabe’s appearance at a parliamentary committee.
Details of the meeting, which took place in a hotel car park in 2014, emerged after McGuinness claimed he had been given damaging information about McCabe by the former garda commissioner.
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In a two-page letter to O’Neill, Callinan said he regarded media reports on what had transpired at the meeting as “hearsay” and asked that his constitutional rights be protected. The former commissioner also asked O’Neill for a guarantee his legal fees would be discharged.
According to sources, O’Neill’s job was complicated by allegation and counter-allegation, and by legal issues concerning garda inquiries into Taylor, state surveillance, privacy issues and employment law.
For example, some documents furnished to O’Neill by Garda Headquarters, in response to allegations that Taylor and McCabe may have been subjected to unlawful surveillance, outlined how gardai intercepted private phone calls and phone data.
Mary Lou McDonald, a Sinn Fein TD, said Fitzgerald had to set out what action she planned to take on the O’Neill review. “It’s not sufficient for Frances Fitzgerald to say she can’t discuss the findings,” said McDonald. “She needs to set out what action she intends to take notwithstanding the complexities involved. These issues must be addressed in a manner which has public confidence because this saga has dragged on for years.
“It’s imperative Frances Fitzgerald sets out a coherent and credible way to deal with these issues once and for all. If the minister imagines this can be kicked into touch, she is clearly mistaken.”
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Taylor declined to comment last week when contacted by The Sunday Times.
A garda spokesman said: “The commissioner understands Justice O’Neill has furnished his report to the tanaiste and she is currently considering the matter. In such circumstances it would be inappropriate for the commissioner to address the questions you have posed.”