Garda whistleblower inquiry hit by disclosure delays

The commission of investigation into claims of Garda misconduct in the Cavan/Monaghan division has been “hampered” by delays in disclosure.

In his interim report, Mr Justice Kevin O’Higgins said the commission was “unable to work effectively” for many weeks because IT systems had not been put in place.

He said such issues impacted significantly on the commission’s ability to meet its deadline of February 5, and sought an extension until April 29.

Publishing the interim report yesterday, Justice Minister Frances Fitzgerald said she had granted the request.

The commission is examining nine allegations from whistleblower Sergeant Maurice McCabe regarding certain investigations in the Cavan/Monaghan division between 2007 and 2010.

It is also tasked with looking into how An Garda Síochána and the Department of Justice investigated the complaints and how the gardaí and Garda Ombudsman investigated related disciplinary issues.

The commission is also examining the “general conduct” of policing at Bailieboro Garda District.

The issues were the subject of a report published in May 2014 by senior counsel Seán Guerin, which expressed concerns at the Garda investigations, the treatment of victims, and supervision of Garda trainees.

It was also critical of how the gardaí and the department responded to Sgt McCabe’s allegations.

Sergeant Maurice McCabe

Mr Guerin recommended a commission of investigation and, last December, the Government established one, under Mr Justice Kevin O’Higgins. It began its work in February 2015.

In his report, sent to the Government a month ago, Mr Justice O’Higgins said while most parties complied within his timeframes to disclose documents, not all did.

“The commission was hampered in its progress by delays and inefficient handling of disclosure obligations.

“Problems with disclosure of documents contributed greatly to the commission being unable now to meet its original deadline,” his report said.

Mr Justice O’Higgins said the commission had been “unable to work effectively” due to difficulties in installing its IT and telecommunications. He said the problem was “not resolved for many weeks” and was due to issues outside his control.

The report said there was “no doubt this had a significant impact” on the speed of the commission.

It said all evidence required had been given with the exception of evidence of one witness who was being recalled.