Senior counsel will talk to whistleblower Sgt McCabe

The leading criminal lawyer appointed by the Government to conduct an independent inquiry into allegations of Garda corruption has been specifically tasked with interviewing whistleblower Sgt Maurice McCabe or anyone else relevant to his claims.

During his eight-week investigation senior counsel Sean Guerin will also be able to examine files held by the gardaí before he reports back to the Taoiseach and advises whether a full-scale Commission of Investigation should be established.

Yesterday the Government published the Terms of Reference for Mr Guerin who will investigate the McCabe dossier which was handed to Taoiseach Enda Kenny last week by Fianna Fáil leader Micheal Martin.

It contains ten sample cases which Sgt McCabe claims were not properly investigated by gardaí, including allegations of murder, abduction and assault.

However, the inquiry will not have powers to investigate whether Sgt McCabe cooperated with the Assistant Commissioner John O’Mahony probe into the alleged wiping of penalty points.

Mr Guerin will have the powers through relevant criminal, civil and disciplinary issues to examine whether gardaí or any other public body took sufficient steps to properly investigate Sgt McCabe’s dossier of allegations which were described by the Taoiseach as “very serious” and “grave.”

It will also review the adequacy of any investigation instigated by the gardaí or anyone else.

The inquiry will examine all documentation and paperwork held by Sgt McCabe, the gardaí, the Department of Justice “or any other public body or entity” it considers relevant.

It will also examine a January 2012 letter believed to be from Sgt McCabe to the sacked Garda confidential recipient Oliver Connolly in which it’s claimed there was “gross dereliction of duty on a massive scale” by gardaí in relation to a number of cases, including false imprisonment, corruption, falsifying records and garda cover-ups.

The letter, later sent to Justice Minister Alan Shatter, includes 12 allegations of misconduct against a named superintendent and a complaint against the Garda commissioner for allowing the superintendent to be on a panel for promotion.

At the conclusion of the review Mr Guerin, who will report back to the Taoiseach, can also advise the Government whether it should establish a Commission of Investigation under the 2004 Act.

Mr Kenny said he would establish such a commission if it is recommended.