O'Higgins report: Background and assessment of whistleblower Maurice McCabe

The O’Higgins report into allegations of Garda malpractice, which was published today, confirms whistleblower Sgt Maurice McCabe’s standing as a garda of integrity and commitment, though it adds he may at times have exaggerated his claims of corruption.

The text below is a series of excerpts from the O’Higgins report:

Sgt Maurice McCabe:

Sergeant Maurice McCabe became a member of An Garda Síochána in August 1985. He first served in Bailieboro garda station in July 1989, and he remained there until his promotion to the rank of sergeant in January 2000, when he moved to Clones garda station.

In October 2004 he was appointed to sergeant in charge of Bailieboro garda station, and served as such until he left that position on March 20, 2008. In July of 2008 he moved on temporary transfer to Mullingar garda station where he still serves.

In late 2007 and into 2008, Sergeant McCabe became concerned about the way in which a number of investigations of suspected criminal offences were handled by members of An Garda Síochána.

His concerns were mostly about policing practice, and standards relating to the quality of investigations in the Bailieboro district. In addition, he expressed concern about compliance with proper internal garda procedures in specific garda investigations. He was also concerned about the manner in which his complaints were treated.

These concerns eventually led to the note furnished to Micheál Martin, and through him to An Taoiseach, Mr. Kenny in 2014.

The report describes Sgt McCabe Sergeant McCabe as “the central figure in this commission of investigation” and as “a dedicated and committed member of An Garda Síochána”.

Sgt McCabe has performed “a genuine public service at considerable personal cost”.

It goes on to say:

“Sgt McCabe has brought to public attention certain investigations where the public was not well served. He has also highlighted certain legitimate concerns about procedures and practices in place at Bailieboro garda station.

“The events leading up to and including this commission of investigation have been extremely stressful for him and for his family over a long period of time.

“Sergeant McCabe felt that his complaints were not being addressed properly, and this report examines how those complaints were dealt with.

“In addition, Sergeant McCabe felt that he was subjected to ridicule and odium by certain persons within the force. He felt very isolated as a result of his complaints.

“Sergeant McCabe impressed the commission as being never less than truthful in his evidence, even if prone to exaggeration at times. In common with many other witnesses, his recollection of some events is diminished because of the passage of time.

“Sergeant McCabe acted out of genuine and legitimate concerns, and the commission unreservedly accepts his bona fides.

“Sergeant McCabe has shown courage, and performed a genuine public service at considerable personal cost. For this he is due the gratitude, not only of the general public, but also of An Garda Síochána.

“While some of his complaints have not been upheld by this commission, Sergeant McCabe is a man of integrity, whom the public can trust in the exercise of his duties. Assistant Commissioner Byrne told the commission that, “Sergeant McCabe is regarded as a highly efficient sergeant, competent”. This assessment is shared by the commission.”

Background to the commission’s work:

On February 19, 2014 Micheál Martin sent a copy of a dossier to the Taoiseach Enda Kenny, which contained a note by Sergeant Maurice McCabe on a large number of different matters about which he had concerns.

This followed a series of complaints by Sergeant McCabe about policing performance, mainly in the Bailieboro Garda District in Co. Cavan.

He had made these complaints to his direct superiors in the gardaí, human resource management, to the confidential recipient appointed under the Garda Síochána (Confidential Reporting of Corruption or Malpractice) Regulations 2007, to the then Minister for Justice Alan Shatter, and to certain other members of Dáil Éireann.

On February 27, 2014 the government announced a decision to hold a review of allegations made by Sergeant McCabe. Seán Guerin S.C. was appointed to prepare a report for An Taoiseach, in accordance with the terms of reference agreed by the government on the advice of the Attorney General.

On May 6, 2014, Mr Guerin furnished his report and recommended as follows: In my opinion, having regard to the number, range and importance of the issues arising, it is desirable in the public interest that a comprehensive Commission of Investigation be established pursuant to the Commissions of Investigation Act 2004 to investigate the issues that remain unresolved arising out of the complaints made by Sergeant Maurice McCabe and examined in this report. Such a Commission is, in my opinion, desirable in the public interest to ensure continuing confidence in the institution of An Garda Siochana and the criminal justice system.

The recommendations contained in the report of Mr. Guerin as to the establishment of a commission of investigation, and as to the contents of such an investigation, were accepted in their entirety by the government.

Subsequently the O’Higgins commission of investigation which published its report today, was established.

The commission heard evidence on a total of 34 days as part of its work in gathering information.