Gsoc gets court order to examine Sergeant Maurice McCabe files

The Garda Ombudsman has overcome legal obstacles preventing it from investigating alleged attempts to discredit whistleblower Sergeant Maurice McCabe.

The Irish Examiner revealed last October that the watchdog’s inquiry had been stopped in its tracks by a legal barrier denying it access to documents it needed to start its investigation.

Last June, Tánaiste and Justice Minister Frances Fitzgerald requested Gsoc to examine issues in relation to transcripts from the O’Higgins inquiry — which investigated complaints of police wrongdoing from Sgt McCabe.

The move from the Tánaiste followed a request for such an investigation by Garda Commissioner Nóirín O’Sullivan, who had become embroiled in controversy over alleged undermining of Sgt McCabe.

Inquiry transcripts, published by the Irish Examiner last May, revealed the commissioner had instructed her legal counsel to challenge the “motivation and credibility” of Sgt McCabe. The inquiry heard that evidence supporting that challenge would be presented, but it never transpired.

When Gsoc tried to get relevant documentation, it was refused first by the commissioner and, subsequently, by the Department of Justice, both of which claimed that they were legally prevented from releasing documents of a commission of investigation.

Section 11 of the Commission of Investigation Act 2004 states that the business of a commission is conducted in private.

The department’s decision forced Gsoc to seek a High Court order compelling the department, which holds records of the O’Higgins Commission, to allow access to relevant documentation.

The department did not object to the application when it came before the High Court on Wednesday and the court granted the application.

In a statement, Gsoc said: “We have noted the judge’s order, following a High Court application, to provide Gsoc with access to documentation from the O’Higgins Commission.”

The statement added: “We expect the documentation within six weeks of the order being signed. Once the documentation is received, the investigation can continue.”

This will involve a lengthy period of examining the records, after which a decision will be made to speak to relevant parties.

The signing of the High Court order, perfected by the court registrar, can take up to a couple of days.

A Department of Justice statement said: “The Tánaiste will await the High Court order and will abide by its terms. Arrangements will be made to provide access to the relevant records in compliance with the order.”

Meanwhile, the Tánaiste has yet to publish the O’Neill scoping inquiry into separate whistleblower allegations of attempts to discredit Sgt McCabe.