The officer who investigated an alleged sex assault by Garda whistleblower Sgt Maurice McCabe said there was a “sea change” in the attitude of the sergeant after the investigation.
The 2006 investigation led to no charges being brought against Sgt McCabe following an allegation of historical child sex abuse made by the daughter of a garda colleague against whom Sgt McCabe had made a complaint. But the tribunal heard that following the investigation there were numerous complaints from the public against investigating officer Supt Noel Cunningham and that Supt Cunningham thought Sgt McCabe was behind this.
The tribunal heard that Sgt McCabe was annoyed that after the 2007 decision by the DPP that charges should not be brought in relation to the sex assault allegation, the comprehensive nature of the rejection of the allegation by the office was not released to the family of the young woman concerned. This was in line with standard procedure at the time. Attempts by counsel for former Garda commissioner Nóirín Ó’Sullivan to raise refusal to release the DPP’s decision and Sgt McCabe’s motivation for making complaints about policing matters, and other issues, led to a row at the O’Higgins commission on May 15th, 2015.
Commission hearings
The commission was established to examine complaints about policing matters made by Sgt McCabe, as well as accusations he made against a number of senior officers. It sat in private. Prior to the commission hearings, Supt Cunningham told a meeting with Annmarie Ryan of the Chief State Solicitor’s Office, that up to 2008 he never had a complaint made against him by a member of the public. But since that date there had been numerous complaints against him from members of the public.
“Question over whether McCabe behind these,” Ms Ryan noted Supt Cunningham telling her at a meeting held immediately before hearings were to begin in the O’Higgins commission. Ms Ryan said she was told there was a “sea change” in Sgt McCabe’s attitude in the wake of the refusal to release the details of the DPP’s decision on the sex assault allegation.
Serious allegations
Another note shown at the tribunal recorded that after Supt Michael Clancy and Chief Supt Colm Rooney had refused Sgt McCabe’s request for the release of the DPP decision, “then Maurice changed”. Ms Ryan, in a statement to the tribunal, said that after the Garda commissioner’s legal team had met with all witnesses in May 2015 prior to the opening of the commission hearings, it was decided that Sgt McCabe would have to be “challenged on his motivation in making numerous . . . serious allegations of corruption against several senior officers”.
Ms Ryan told the tribunal that it was her understanding that Ms O’Sullivan did not meet with her legal team prior to the opening of the O’Higgins commission hearings but that a message was conveyed from Ms O’Sullivan via chief supt Fergus Healy that the legal team should “proceed in accordance with counsels’ advices.” The tribunal has adjourned until Wednesday.
