Counsel for Maurice McCabe has argued that it’s not permissible for former Commissioner Nóirín O’Sullivan to disown the actions of her legal counsel at the O’Higgins Commission.
The Disclosures Tribunal is hearing submissions on whether Commissioner O’Sullivan inappropriately relied on unjustified grounds to discredit Sergeant McCabe at the 2015 inquiry.
While Sgt McCabe has accepted he was never shouted at at the O’Higgins inquiry, he has described his upset when his motivation, credibility and integrity were attacked.
Michael McDowell, counsel for Sgt McCabe, has been making the case that Nóirín O’Sullivan's legal team repeatedly sought to impugn the integrity of the garda whistleblower and that she could not disown the actions of her lawyers.
He said no attempt was made to withdraw written submissions on behalf of the Commissioner when it became clear they were erroneous and deeply damaging to Sgt McCabe.
Mr McDowell also asked whether anyone would blow the whistle if they knew the blizzard they were about to walk into, saying Sgt McCabe’s treatment at the O’Higgins inquiry would not have been countenanced if it was held in public.