The Supreme Court judgments set out the proper approach for trial judges to take in cases where an accused seeks to have a trial halted on grounds of alleged unfairness due to significant lapse of time.
The Donegal-based Garda, who was strongly criticised in the tribunal's interim reports, brought proceedings that centred over an alleged prior professional interaction between the tribunal chair Mr Justice Peter Charleton and a witness Chief Superintendent Terry McGinn
Findings against Garda Keith Harrison by the Disclosures Tribunal should be quashed because of an alleged prior professional interaction between Mr Justice Peter Charleton and a witness, it has been claimed.
A young Pakistani man was unlawfully arrested for deportation because it happened a day before before a final decision refusing him residency on the basis of his father's "marriage" to a Romanian woman, an EU citizen, the Supreme Court has ruled.
Even in a post-truth, post-shame world, even in a world where alternative facts are trotted out as regularly as “unprecedented” October storms threaten homes and property, the conclusion reached by Mr Justice Peter Charleton that, despite his repeated denials, former garda commissioner Martin Callinan told a Dáil deputy in early 2014 that whistleblower Sgt Maurice McCabe had sexually abused his family is deeply shocking. The allegation, and that is a very generous use of vocabulary, was of course false.
There is a weariness about everything around the Maurice McCabe story at this stage, but events coming to a conclusion in Dublin Castle are worthy of serious attention. Recent revelations have brought into sharp focus matters of great import to both policing and the media in this country.
Sgt Maurice McCabe has said he was “1,000%” certain he was told that former Garda commissioner Martin Callinan had sent “hundreds of texts” to his then press officer to smear him with false child sex abuse claims.
The chairman of the Disclosures Tribunal said he would have to consider if there was any evidence of a “dark truth” that the former garda commissioner Nóirín O’Sullivan or other senior officers were “going after” Sgt McCabe at the O’Higgins Commission.
A senior garda told the Disclosure Tribunal that a perceived grievance of Sergeant Maurice McCabe was the “spark that lit the fuse” in adopting a Garda legal strategy to target the motivation and credibility of Sgt McCabe at the O’Higgins commission in 2015.
A draft letter from the Garda Commissioner to the Department of Justice about the legal strategy pursued by the commissioner at the O'Higgins inquiry was written by a Department official, the Charleton tribunal has heard.