Gardaí attacking in full force - Whistleblower controversy

SPEAKING truth to power is a challenge. It is a civic duty not without consequences or personal costs.

If that power, in this instance An Garda Síochána, repeatedly shows it regards uncomfortable truths as an unwelcome intrusion into a well-ordered world, where self-serving tradition and hierarchy prevail, then who would be a garda whistle-blower? Who would be the next Sgt Maurice McCabe? Who would act for the victims of crime, when the authorities let them down?

What wrongs or scandals does this facilitate? How can the force protect its integrity, or properly discharge its duty, if its leadership repeatedly shows a threatening disdain for those who point to the warts so obvious in the mirror?

The latest instance, in which both the credibility of the force’s most senior officer, Commissioner Nóirín O’Sullivan, and the efficacy of the requisite political oversight, are severely challenged, is the last in a long-established and regrettable pattern.

In 2014, former commissioner, Martin Callinan, let the mask slip, and showed the Garda leadership’s real attitude to internal criticism, when he described as “quite disgusting” allegations of malpractice made by whistleblowers.

Commissioner O’Sullivan continues that theme, by publicly supporting Sgt McCabe, but, in the privacy of the O’Higgins Inquiry hearings, her senior counsel, acting on her instruction, indicated that he would attack McCabe’s motivation and character “right the way through”.

The Garda Commissioner’s counsel later told the O’Higgins Commission of Investigation that it was an “error on his part” when he said his instructions were to question the integrity of Sgt McCabe, but that he would be challenging McCabe’s motivation and credibility in relation to allegations of garda criminality and corruption.

Questioning credibility is fair enough. After all, while the majority of Sgt McCabe’s claims were upheld, there were some areas where the commission found he was incorrect. But it is hard to imagine why his motivation should be of concern to Commissioner O’Sullivan, unless it indicated mala fides. We still await a full explanation from the Commissioner. On Monday, under pressure to clarify matters, she said she did not, and had never, regarded Sgt McCabe as malicious and said that his contribution was valued. This was welcome, but it utterly failed to clarify her position at the Commission.

This is a matter of extraordinary public importance. It must not be allowed to go unanswered, or be wished away by government.

Nóirín O’Sullivan has said she is legally prevented from commenting on the proceedings of the commission, and yesterday Justice Minister Frances Fitzgerald echoed that view, when she told the Dáil that she was also legally constrained in what she could say. It is difficult to understand that approach, particularly in view of the fact that neither the minister nor the commissioner have specified exactly what prevents them from commenting.

Under the 2004 Commissions of Investigations Act, it is illegal for anyone to disclose evidence, but what has been revealed by the Irish Examiner — and later by other media — is not evidence, but exchanges between counsel acting for An Garda Síochána and Sgt McCabe and the commission’s chair, Mr Justice O’Higgins.

Minister Fitzgerald has repeatedly described the publication of these exchanges as illegal, but she is entirely wrong on that. As Michael McDowell, SC, pointed out to the commission, the 2004 Act only criminalises disclosure of evidence. He should know. As Minister for Justice at the time, he was one of the chief architects of the legislation.

In any event, disclosing what the Government would rather had remained private, in order to prevent a greater injustice, is what good journalism is all about. Keeping matters hidden also has its dangers, as Sgt McCabe was all too well aware. The behind-closed-doors attempted character assassination of him only ended when he produced a recording that showed he was not driven by malice, as orginally claimed by counsel for the Commissioner.

While Judge O’Higgins backed Sgt McCabe after hearing the recording, it is unfortunate that his report contained no mention of the Commissioner’s attempted attack on Sgt McCabe during the hearings, which was in stark contrast to her public support for him. That a man who has spent many years challenging garda authorities felt it prudent to tape the proceedings of a meeting with senior officers points to uncomfortable truths about a minority of those entrusted with protecting our society. If Sgt McCabe had not recorded that meeting, would the attempt at character-assassination have succeeded? How might he, and his now vindicated allegations, be regarded today? That is an appalling vista.