Update 1.32pm: Counsel for Nóirín O’Sullivan says he would challenge the credibility and motivation of Maurice McCabe again if he were asked to do it over.
Colm Smyth said even knowing what he had been through personally, the consequences of not doing so would be worse.
Colm Smyth represented the former Garda Commissioner at the O’Higgins Inquiry, where he admitted challenging, but not attacking the motivation and credibility of Maurice McCabe.
The Disclosures Tribunal wants to establish whether Nóirín O'Sullivan relied on unjustified grounds to discredit the whistleblower at the Inquiry.
Mr Smyth said he was never instructed to challenge Sgt McCabe’s character, but said he had to examine his motivation and credibility in relation to allegations if there was no evidence to back them up.
Counsel for McCabe said it was wrong to challenge credibility and motivation, but Mr Smyth said he had a duty to act in the best interests of his clients, and were he asked to do it again he would, despite what he had been through personally since.
Colm Smyth said he fell on his sword for no person, and he abided by his instructions fully when asked to test the credibility of the allegations.
Earlier: Counsel for Nóirín O’Sullivan at the O’Higgins Commission has told the Disclosures Tribunal that you cannot put things to a witness that are wrong.
Colm Smyth was asked about a five page letter that referred to a complaint made by Maurice McCabe about a superior, when he had made the complaint to the superior.
Mr Smyth said while he did not draft the letter – he accepts responsibility for it.
He said you cannot be making things up, regardless of the contents, you cannot have anything wrong.
- Digital Desk