No inquiry ordered by department

No independent probe or assessment of whistleblower Sgt Maurice McCabe’s complaints about gardaí was ordered by Department of Justice officials, the Guerin report has concluded.

Investigating barrister Seán Guerin also concluded that there was a “near-total absence” of written advice by officials for then-minister Alan Shatter on his responsibilities in addressing Sgt McCabe’s concerns.

Despite numerous letters and requests for an independent inquiry by Sgt McCabe, the department carried out no assessment of his claims.

Instead, allegations by Sgt McCabe of criminal acts by gardaí and the mishandling of cases were instead referred to the Garda commissioner and senior gardaí for assessment.

The Guerin report looks at how Sgt McCabe began corresponding with the Department of Justice, its successive ministers, secretaries, senior officials, and the confidential recipient, from mid-2009.

These claims included incidents involving false imprisonment, public order, concealment of documents, falsification of Garda documents, and serious assaults.

Details of complaints were later forwarded by department secretary general Brian Purcell to Garda commissioner Martin Callinan in January 2012, advising that the minister under legislation must have the claims investigated.

Gardaí and Mr Shatter later wrote that there was “no evidence” to substantiate a range of complaints against gardaí, and the Garda commissioner, by Sgt McCabe.

Solicitors for Sgt McCabe later requested meetings with Mr Shatter, claiming there was “corruption” in the force, called for an independent inquiry, and also said the whistleblower had no faith in gardaí investigating concerns themselves.

By mid-2013, there was an “impasse” between Sgt McCabe and the department over what exactly would be done, Mr Guerin found.

Crucially, throughout the numerous exchanges of letters and the serious claims levelled by Sgt McCabe, Mr Guerin found no proof that the department independently assessed the allegations or, furthermore, questioned the responses from garda management.

He noted: “Indeed, in all the papers furnished by the department, I can find no evidence of any detailed assessment within the department of any of the allegations made by Sgt McCabe or of the responses received from the [garda] commissioner.”

The barrister also noted: “There is a near-total absence... of written records of any submissions made or advice given to the minister by his officials, in particular at the times when the exercise of specific statutory functions by the Minister arose.”

The Department of Justice must now review its procedures for the assessment of complaints made to the minister about gardaí, Mr Guerin also recommended.