#DisclosuresTribunal is to resume at 10am with ex-Asst Comm John O'Mahoney. JOM carried out gardai's internal investigation into penalty points in 2012/2013.
Supt Taylor has alleged he was instructed to tell journalists Sgt McCabe didn't cooperate with this investigation - on top of Ms D allegation. This was something solicitor Gerald Kean told RTE's Marian show in Jan 2014 - on foot of which Sgt McCabe and John Wilson took action
#DisclosuresTribunal JOM also likely to be asked about meeting btw two snr gardai and Sgt McCabe's uncle Bernard McCabe after the uncle said he had info about 'the whistleblower' during his investigation. O'Mahoney told PAC in Jan 2014 he was dealing with anonymous allegations.
#DisclosuresTribunal More on this here: Operation Squeeze And Sgt McCabe - broadsheet.ie/2018/05/22/ope…
#DisclosuresTribunal Schedule changed again. Supt John Ferris is now back before the tribunal. He previously gave evidence on May 2. He's back to answer couple of queries. Supt Ferris works in Garda Press Office. disclosuretribunal.ie/en/DIS/DAY%206…
#DisclosuresTribunal sees an email from John Mooney, of The Sunday Times, sent an email requesting answers to the following questions in October 2016 (after protected disclosures) 
#DIsclosuresTribunal sees email on Dec 16 2016, from John Mooney, of ST, to John Ferris saying: "I need to submit the following to the Comm concerning the protected disclosures made by Dave Taylor. I'm sending these to your personal email for obvious reasons..."
#DisclosuresTribunal [cntd] "...we've spent some time examining the allegations made and need to put the following to the Commissioner...We have been told the Commission was told about a series of text messages sent form DT to the Comm which suggested that..."
#DisclosuresTribunal [cntd] "... a journalist was interviewing a woman who had made an allegations against Sgt McCabe. The matter had at this stage already investigate and the DPP had instructed there was insufficient evidence to prosecute."
#DisclosuresTribunal Mooney goes on to ask about an alleged claim by Noirin O'Sullivan in a statement to Justice O'Neill (who did a scoping exercise of the protected disclosures) - in which she said she was "bulled in the force". Mooney asks for clarification on this.
#DisclosuresTribunal Tribunal now seeing email Paul Williams sent (for attention of John Ferris) in April 2016 ahead of PW's going on the Late Late the following night. He wanted to ask about "current state of connectivity - or lack of it - between Garda HQ and frontline gardai
#DisclosuresTribunal In respect of PW's email, Ferris said he just ordered for it to be sent to the Commissioner's office.
#DisclosuresTribunal In respect of Mooney's queries, Ferris had this to say last time he gave evidence about his knowledge of the protected disclosures...1/3
#DisclosuresTribunal Diarmaid McGuinness SC, for tribunal, draws up an email press query from Samantha Libereri on May 2016 about what McGuinness said in Dail re: carpark meeting with Callinan.
#DisclosuresTribunal McGuinness asks Ferris if there was chat in press office about what Callinan was alleged to have said. Ferris said they would have been focused on response, not on what was alleged to have been said.
#DisclosuresTribunal McGuinness goes back to another query about text messages from John Mooney, of The Sunday Times, to John Ferris in December 2016. This travelled up to the private secretary to NOS Marie Broderick.
#DisclosuresTribunal Tribunal sees message from Broderick to Ferris on Dec 17, 2016 saying "John, I'm checking with the Cmr, Marie". Asking about this, McGuinness, for tribunal, says there's no further emails in relation to this.
#DisclosuresTribunal Ferris says he doesn't have a clear memory but says word came back that the Commissioner was happy with whatever response was drawn up to be issued.
#DisclosuresTribunal also sees email from Conor Lally, of Irish Times, to Garda Press Office following John McGuinness' comments in Dail about carpark meeting in May 2016
#DisclosuresTribunal Judge Charleton steps in to explain to Ferris that essentially what McGuinness is asking Ferris is on foot of the extraordinary claims that were being put to the GPO - these must have created a stir. Judge wants to know what was the response among ppl in GPO
#DisclosuresTribunal Two mins after Conor Lally's email, another email with a similar query came in from Niamh Lyons of Times Ireland. McGuinness asks does this help to jog Ferris's memory. Ferris repeats that they would have just been sent up to the Commissioner
#DisclosuresTribunal Ferris says if they came into the Garda Press Office they would have been answered to by Garda Press Office.
#DisclosuresTribunal sees Nov 2013 email from Nicola Cooke, then of Sunday Business Post, sent to GPO, asking qs about pen points and Callinan's request to have material given back to him by McGuinness. Cooke asked why same request wasn't made of TDs Daly & Wallace year previous
#DisclosuresTribunal Asked if there was a response to Ms Cooke's questions, Ferris: I don't have knowledge of what response was given at all to that.
#DisclosuresTribunal Ferris says he wouldn't have spoken to Supt Dave Taylor about the story by Gemma O'Doherty about Callinan's penalty points had been quashed (O'Doherty has told tribunal she was told to only speak to DT about the matter)
#DisclosuresTribunal McDowell SC, for McCabe, recalling evidence of Sgt Molloy (of GPO) who said Taylor was uncomplimentary towards any journalist or politician who showed support towards Sgt McCabe. [NOTE: Molloy is ONLY member of GPO to say there was any chat re: McCabe in GPO]
#DisclosuresTribunal Ferris says he wouldn't have been privy to any of those alleged conversations. Ferris says if he didn't have to deal with Taylor, he didn't deal with him
#DisclosuresTribunal McDowell goes back to email sent to GPO by John Mooney (see qs in prev tweet). McD: Were you aware of media comment that there was dissatisfaction within AGS re: NOS. Ferris: Yes, there was some comment about that. McD: Take it that was important. Ferris: Yes
#DisclosuresTribunal McD puts to Ferris that no substantial answer was given to John Mooney. Ferris says journalists ask many questions and they respond accordingly.
#DIsclosuresTribunal McD recalls PW's email from April 2016, part of which asked: "What is the current state of relations between the Commissioner, her deputies and the rest of the senior garda management team". Ferris said agreed response would have gone out
#DisclosuresTribunal Sees email sent by Amy Rose Harte to Ferris on Oct 6 2016
with message: "Did up this list as promised in case they're needed at all". Attached is a doc called "Nasty Questions".
with message: "Did up this list as promised in case they're needed at all". Attached is a doc called "Nasty Questions".
#DisclosuresTribunal Number 7 on Nasty Questions: "If you didn't sanction, it what knowledge did you have that a smear campaign was being waged by senior gardai against w/blowers and why did you ignore it?"
#DisclosuresTribunal McDowell asks Ferris if he asked Harte to write up these questions. Ferris says it was either him or Andrew McLindon. McDowell suggests it was Ferris given email from Harte to him.
#Disclosurestribuanl McDowelll suggests the Garda Press Office was not just an "ATM" issuing bland responses..and he said, for that to happen, there must have been discussion among those in GPO about matters facing AGS at that time.
#DisclosuresTribunal [NOTE: Ferris said Harte was doing comms work for GPO at the time (she was working in the Communications Clinic at time) The tribunal has already heard CC's Terry Prone's involvement in communications/speeches made by Noirin O'Sullivan when she was Comm]
#DisclosuresTribunal Micheál Ó Higgins - for An Garda Siochana - asks about the 'Nasty Questions' sent to Ferris on Oct 6 2016. Ferris says they would likely have been created in advance of a media event that the Commissioner was attending. (Daly and Wallace met Taylor on Oct 3)
#DisclosuresTribunal McGuinness SC, for tribunal, asking about O'Higgins report - points out Philip Boucher Hayes told tribunal he also had a leaked copy of the report ahead of its publication. [Tribunal is examining Paul Reynolds' report of O'Higgins in May 2016]
#DisclosuresTribunal Asked if he ever saw PBH up in Garda HQ, Ferris says 'no. Asked if he's ever seen Paul Reynolds in Garda HQ, Ferris says he has seen him there before.
#DisclosuresTribunal Former Asst Commissioner John O'Mahoney is now giving evidence.
#DisclosuresTribunal JOM telling tribunal about his career. He's worked under Fachtna Murphy, Martin Callinan and Noirin O'Sullivan. First met Callinan in 1982. Said he admired him as a hard worker and for wanting to do everything to a very high standard.
#DisclosuresTribunal JOM says over years they developed a personal relationship and JOM says this remains strong to this day. JOM also says he would have known NOS for many years but wouldn't have known her as much as Callinan. Says he didn't have personal friendship with NOS
#DisclosuresTribunal JOM says he knew of Dave Taylor for a long time before meeting him. Says nothing untoward was ever brought to his attention in respect of Taylor
#DisclosuresTribunal JOM says Callinan never spoke to him about the transfer of Taylor out of the Garda Press Office. JOM says he can't remember any specific dealings with Taylor during Taylor's time in Garda Press Office
#DisclosuresTribunal hears in Oct 2012, JOM got a letter from Callinan in relation to the ticket fixing - when Callinan appointed JOM to investigate claims made to the Department of Justice (via Brian Purcell). It was to be a "preliminary and urgent report" for Min of Justice
#DisclosuresTribunal hears JOM essentially got two lists in relation to ticket fixing and JOM was charged with investigating these two lists. JOM said he initially had three months to carry out the investigation.
#DisclosuresTribunal JOM says he was given sufficient resources to carry out the investigation. [NOTE: Kathleen Leader, for tribunal, is taking JOM through his evidence]
#DisclosuresTribunal Leader asking about the name "Operation Squeeze" (which was name of his investigation into pp). JOM says name was given by National Criminal Intelligence Unit - they provide the name. "It's the next name available that comes up..."
#DisclosuresTribunal Leader asking JOM when he became aware it was McCabe who made the allegations. JOM says during prelim report, looking more serious allegations (where it was alleged 9 people who had tickets wiped either killed themselves in crash or killed someone else)...
#DisclosuresTribunal [cntd] JOM says cursory check of Pulse system in relation to these alleged incidents found a member sgt in Mullingar had checked on all nine of these and JOM says it was then considered that Sgt McCabe may have been involved
#DisclosuresTribunal JOM refers to incident where another whistleblower was found to be printing off Pulse records. [Letters were sent about penalty points and Pulse to John Wilson and Maurice McCabe in December 2012]
#DisclosuresTribunal Leader: Did you anyway seek to find out info about Sgt McCabe as you were investigating? JOM: I was aware of the rumour (Ms D) that was circulating - as a rumour - I wouldn't take any notice of it...that's the way I proceeded with my examination
#DIsclosuresTribunal JOM clarifies that he was aware that a sex assault complaint had been made, it had been investigated and DPP ruled no prosecution. JOM says he didn't know Ms D's father was a guard until Paul Williams' articles in Irish Independent
#DisclosuresTribunal Leader puts to JOM he didn't seem to seek to find out any info about McCabe from Terry McGinn and Derek Byrne (who investigated complaints made by McCabe before then) and asks why considering they had spent a lot of time looking at complaints made by McCabe
#DisclosuresTribunal JOM concedes it may seem curious but his method is to do his investigations himself, etc. Leader: Was there any sense of 'oh here we go again..that troublemaker is making more trouble for the guards?' JOM: No, that was not my view, nor Callinan or NOS' view.
#DisclosuresTirbunal JOM tells tribunal that he consciously did not contact whistleblowers and felt precluded from interviewing them. Said he didn't formally know McCabe was source of complaints until April 23, 2013 - when he spoke to McCabe - after report had gone to minister
#DisclosuresTribunal This is first time JOM has made it publicly known that he purposefully didn't engage with the whistleblowers. Says Callinan would have known this was his position.
#DisclosuresTribunal Leader is now going through the letter which was read out to Sgt McCabe in December 2012. Letter can be read here: broadsheet.ie/2018/04/10/the…
#DisclosuresTribunal Leader puts to JOM it was a very firm order on behalf of MC. Leader suggests its opposite of asking McCabe to go and give a statement to JOM. It's more 'you're doing something wrong, stop doing it...' JOM: Potentially, but I don't see it from that perspective
#DisclosuresTribunal JOM says he was quite satisfied about the letter (which he says he was told about). JOM says he can't recall specific conversations about it but he does recall Callinan had concerns about personal data and subsequent appearance of that in media
#DisclosuresTribunal JOM says he doesn't believe the letter was a "box ticking" exercise, says a lot of thought went into it and it was a very serious letter.
#DisclosuresTirbunal Leader now asking about JOM's instruction (Jan 10, 2013) to send Det Chief Superintendent Padraig Kennedy, of the National Bureau of Criminal Investigation, to meet Sgt McCabe's uncle Bernard McCabe - on foot of calls from Bernard to Asst Comm Derek Byrne
#DisclosuresTribunal Byrne's email to JOM (to alert him to Bernard's calls) included the line: More on this here: broadsheet.ie/2018/05/22/ope…
#DisclosuresTribunal JOM then wrote to Chief Supt Padraig Kennedy and told him to meet Bernard. JOM confirms Kennedy was involved in Operation Squeeze.
#DisclosuresTribunal This is what JOM sent to Padraig Kennedy. JOM can't really recall the conversation on the phone. Leader: Bernard McCabe was an uncle of the "whistleblower". JOM confirms Byrne would have known Sgt McCabe was the "whistleblower".
#DisclosuresTribunal Leader now asking why JOM picked such a senior officer to speak to a civilian about Sgt McCabe? JOM: The thought process was that Bernard McCabe had contacted AGS and said he had info in his possession and he wanted to impart that.
#DisclosuresTribunal JOM: "We went down there with an open mind". JOM says Kennedy was able to meet Bernard McCabe "discreetly" - as he was a family member.
#DIsclosuresTribunal JOM said they went down to Bernard McCabe with an open mind and 'the way we dealt with it and the confidentiality and discretion shown - bear that out, it was disclosed to this tribunal purely on basis of that it was there, that it could be described as..'
#DIsclosuresTribunal [cntd] '..a negative briefing. I didn't think it as. We dealt with it very discreetly, nobody knew about it...there were no ulterior motives..it wasn't to discredit Mr McCabe..in fact our enquiries showed there was no evidence to suggest anything' untoward
#DisclosuresTribunal [NOTE: Sgt McCabe didn't know about this meeting with his uncle until about a month ago, through trib discovery. Tribl has already heard allegations were "wild" and baseless. Uncle was also met with by Assistant Commissioner Michael Finn on December 15, 2016]
#DisclosuresTribunal Leader is now asking about the pre-PAC meetings (ahead of Callinan's appearance before PAC in Jan 2014 - in which he made 'disgusting' remark). Leader asks if he recalls the Ms D allegation being discussed at those meetings. He doesn't.
#DisclosuresTribunal Leader points out JOM wasn't at the specific pre-PAC meeting whereby the minutes of that particular meeting show Ms D allegation was discussed.
#DisclosuresTribunal Leader continues through minutes of one of the meetings. Leader asks if anyone was having second thoughts at that stage, thinking it would have been better to have interviewed McCabe?. JOM: Not at that stage, no. Not that I'm aware of..
#DisclosuresTribunal Leader reads out text taken from Callinan's phone two days AFTER he stepped down, on March 26, 2014. Text at 4.44pm: "John, More should have been done by investigation. Min apologised to whistleblowers and for misleading Dail on co-operation issue. M."
#DisclosuresTribunal JOM believes he is the 'John' referred to but says he doesn't believe he ever got that impression from Callinan
#DisclosuresTribunal Leader also draws JOM's attention to this text (prev read out in tribunal)
#DisclosuresTribunal JOM says that text had nothing to do with him.
#DisclosuresTribunal also sees text from 21/3/2014 (before Callinan's resignation on 24/3/2014 at 19.50pm: "Martin a short time ago I received a call rom Nora Owen suggesting that you find a formula of words in order to withdraw the offending term used..."
#DisclosuresTribunal [cntd] "I said that he were asked for advice and that I didn't expect to I would say don't apologise. I wonder is she doing some one's bidding? As I said to her it's all good very political, I know you will choose your path carefully! Good luck j [sic]"
#DisclosuresTribunal JOM says this text wasn't from him [NOTE: the tribunal has texts from Callinan's 2014 phone (which had gone to Fennelly Commission) but it's not possible to identify the direction of the texts – so it's not possible to ID the sender or recipient of texts]
#DisclosuresTribunal Leader briefly recalls evidence of previous witnesses and allegations against Callinan (as to what he's alleged to have said to Deasy, McGuinness, Boucher Hayes, Seamus McCarthy). JOM says the allegations include words that Callinan would not use.
#DisclosuresTribunal JOM says the allegations are "out of character" for Callinan and "As I've said already, he remained very, very resilient despite obvious pressures and there were wider pressures than penalty point issues and he remained very professional..."
#DisclosuresTribunal Judge Charleton (after a brief sigh) suggests everyone is capable of doing stupid things from time to time.
#DisclosuresTribunal JOM has told the tribunal he was aware of Callinan's carpark meeting with John McGuinness - subsequent to it taking place. JOM was out of country at the time. But he said he certainly wasn't aware of the claims made by McGuinness in respect of the meeting
#DisclosuresTribunal Leader draws up minutes of phone conversation between JOM and Sgt McCabe on April 23 2013. JOM had them typed up as he said he had heard (from somewhere in public) that Sgt McCabe might record phone calls
#DisclosuresTribunal [This call took place AFTER JOM's report on his investigation into penalty points went to justice minister]
#DisclosuresTribunal Leader goes to a different note of call. McCabe was calling JOM to say he was the person who had made the complaints about penalty points and wanted to know why he hadn't interviewed as part of his investigation
#DisclosuresTribunal In his note, JOM wrote: "I was not getting into an argument with Mr McCabe and told him that we would have to agree to differ" - this is in respect of the Commissioner's instructions/invitation from December 2012 and how McCabe and JOM viewed it differently
#DisclosuresTribunal Leader draws up text of report by RTE online in February 2014 - in relation to the "co-operation issue" concerning JOM's investigation. Later that day, Paul Reynolds reported on in at around 5pm. Leader reading out RTE text.
#DisclosuresTribunal That RTE report can be read here: broadsheet.ie/2018/05/30/dis…
#DisclosuresTribunal Leader points out that the word "co-operation" hadn't appeared in minutes/notes of JOM's discussion with McCabe - the word used was "engagement". JOM says of the RTE report: "It wouldn't be my view either of what had happened."
#DisclosuresTribunal Asked if he was Paul Reynolds' source, JOM: "Absolutely not".
#DisclosuresTribunal Leader now draws up Sgt McCabe's statement following Paul Reynolds' report on Feb 24 2014 (same day as Reynolds' report) saying: "I was never directed by the Commissioner to cooperate with the O’Mahony investigation, as alleged [in RTE report]."
#DisclosuresTribunal JOM repeats that he doesn't agree with the view that was put forward in the RTE reports in respect of Sgt McCabe "co-operation" with JOM's investigation
#DisclosuresTribunal Leader asks why JOM didn't tell him his understanding of events when he was speaking to McCabe in 2013 - as in why he didn't explain to him why he didn't interview him. JOM said if he had had more time on phone he would have.
#DisclosuresTribunal JOM: Certainly if we'd met face to face, I would have. Leader says the point is there was no reason not to tell him (JOM agrees). Leader says the call with McCabe was recorded so it was in "fairly controlled circumstances".
#DisclosuresTribunal JOM tells tribunal says he knows Paul Williams going back to 1996 from investigation into Veronica Guerin's death, and through a mutual friend, and through professional dealings around PW's security issues since 2011.
#DisclosuresTribunal JOM tells tribunal: "That personal relationship, there were barriers around that...Neither of us discussed any [formal] matters...that was an agreement ..I couldn't have had that friendship...otherwise."
#DisclosuresTribunal Leader: You said this morning it was only when PW articles were published that you realised Ms D's father was a guard. JOM said he thought he said he said he didn't know who Ms D's name (not that he was a guard). JOM says he didn't speak to PW about articles
#DisclosuresTribunal JOM says he does know Supt John O'Reilly (who was the conduit to introduce Mr D and Paul Williams - after Mr D spoke to Supt O'Reilly) More on this here: broadsheet.ie/2017/07/21/dis…
#DisclosuresTribunal McDowell, for Sgt McCabe, now asking questions. McDowell refers to RTE report of Feb 24, 2014. In respect of these paragraphs, JOM agrees they are untrue:
#DisclosuresTribunal JOM is asked how did RTE get that info, JOM says he doesn't know.
#DisclosuresTribunal McDowell now asking what JOM told the Public Accounts Committee in January 2014 about the pen point investigation.
#DisclosuresTribunal RTE report also had the line"
#DisclosuresTribunal McDowell puts to JOM that the RTE report gives a deeply unfavourable impression of McCabe. JOM first says he's not aware of the provenance of the article but agrees with McDowell.
#DisclosuresTribunal McDowell puts to JOM that it seems someone was "spinning" about Sgt McCabe. JOM agrees. McD: It does appear that somebody in AGS with some knowledge of background facts decided to paint a poor pic of Sgt McCabe in order for RTE to misrepresent the situation
#DisclosuresTribunal JOM agrees that that is potentially correct
#DisclosuresTribunal McDowell points out that this RTE report came a month after PAC (Jan 2014) and Shatter had made similar comments in Oct 2013. McDowell suggests it's odd there was no conversation btw JOM, Andrew McLindon and Callinan about the matter. JOM says there was none
#DisclosuresTribunal McDowell repeats it's "strange" nobody had meeting in Phoenix Park to figures out whether the allegation of non co-operation was true or false before any more press releases were released on the matter. JOM says he's not aware of any press releases about it.
#DisclosuresTribunal [NOTE: In his protected disclosures Supt Taylor has claimed that, apart from the Ms D allegation, Supt Taylor claims he was instructed to put out the notion that Sgt McCabe hadn't cooperated with JOM investigation]
#DisclosuresTribunal McDowell refers back to this text - which JOM believes was to him but he can't remember reading it. Says Callinan was prob just informing him what Minister Shatter told the Dail.
#DisclosuresTribunal JOM repeats he didn't discuss PW's articles with him and he didn't discuss them with other gardai. He did glean they were about McCabe. Asked why he didn't discuss the articles with anyooe, JOM: It wasn't my business. My understanding there was nothing in it
#DisclosuresTribunal McDowell: Did you not consider the articles were very unfair?
JOM: Potentially, yes. McDowell: Still didn't discuss them with anyone? JOM: No I didn't.
JOM: Potentially, yes. McDowell: Still didn't discuss them with anyone? JOM: No I didn't.
#DisclosuresTribunal McDowell points out that a good social friend of his was writing these articles about McCabe. Did it not occur to you it was very unfair? JOM: I didn't discuss it with PW - that was a rule that he we had. We didn't discuss.
#DisclosuresTribunal [NOTE: This is what Gerald Kean told RTE's Marian in January 2014 - after speaking to Martin Callinan] See here: broadsheet.ie/2018/04/11/ent…
#DisclosuresTribunal McDowell and JOM talking about his investigation into penalty points. McDowell puts it to JOM that if a person can call up a friend and have points quashed, while it's not criminal offence of corruption, it is corrupt policing?
#DisclosuresTribunal JOM said 1 of his recomms was on how gardai type up reasons for quashing of pp. McD repeats it would be terrible thing if a guard took money and cancelled pp. McD says that'd be crim corruption. Repeats it's corrupt policing to ring pal and say 'cancel my pp'
#DisclosuresTribunal JOM: I examined paperwork...and by and large...it was done properly and there was certainly isues that needed to be adressed and they have been addressed. MCD: But if one officer in one part of country is quashing points in other part of the country?
#DisclosuresTribunal MCD puts to JOM that could only be seen as doing a favour. JOM: "I don't ...I didn't find that.." JOM says in vast majority of incidents person in one part of country rang their equivalent in other part and discussed matter before they agreed pp be cancelled.
#DisclosuresTribunal McD: But even to make that call - at behest of someone known to them was improper. JOM: Again, in my examination, I didn't find what your suggesting...in most cases, there was a genuine petition and the superintendent exercised that discretion.
#DisclosuresTribunal MCD: I'm suggesting that saying there was no offence or corruption discovered is a far cry from saying there wasn't very serious subjective and selective cancellation of penalty points based on personal approaches to people with no function on matter
#DisclosuresTribunal McD points out Sgt McCabe never suggested anyone took money in return for quashing points. JOM agrees. McD points out that the C&AG found there was up to €5m-€6m in lost revenue due to pp quashing.
#DisclosuresTribunal McDowell asked JOM about Sgt McCabe's uncle Bernard McCabe (on foot of bogus complaints) and the sending of two very senior gardai to speak to Bernard McCabe. Judge Charleton called it "odd".
#DisclosuresTribunal Michael O'Higgins, for An Garda Síochána, now asking questions of JOM.
#DisclosuresTribunal OH draws up another (third the tribunal has seen) note of conversation between JOM and McCabe in April 2013. It notes: Sgt McCabe alleges he had found tens of thousands of FCPN "done away corruptly". OH asks JOM if he found this in his investigation, JOM: No
#DisclosuresTribunal sees in statement to the tribunal, JOM said:..Within the aformentioned 189 allegations there were 17 citing corruption, 15 citing destruction and/or erasing FCPSn, 7 citing perversion of the course of justice, 10 citing falsification and 1 citing deception...
#DisclosuresTribunal JOM added: My examination into each of the 189 distinct allegations did not find any evidence to suggest criminality. OH: You didn't find criminality but you did find evidence to warrant disciplinary investigations. JOM: Yes
#DisclosuresTribunal JOM also had in his statement the following. OH puts to JOM a cancellation doesn't necessarily indicate impropriety. JOM agrees.
#DisclosuresTribunal JOM tells the tribunal that he's satisfied that McCabe made the complaints about pen points. JOM says "I don't think anyone had difficulty with him making those allegations". JOM says AGS is in a much better position now.
#DisclosuresTribunal But JOM tells Judge Charleton that there is a way of going about things (within the organisation) and he claims that didn't happen in respect of Sgt McCabe and penalty points.
#DisclosuresTribunal JOM repeats that, as far as he was concerned, he was precluded from interview with Wilson or McCabe about pen points unless he had sufficient reason to contact them. Said he would have had to have recieved permission from Commissioner or Minister to do so.
#DisclosuresTribunal Judge puts to JOM: Were you being over punctilious? Is that not evidence you didn't want to have anything to do with Sgt McCabe? JOM: No, that was not the reason. I suppose I was between the divil and the deep blue sea...
#DisclosuresTribunal JOM tells tribunal he doesn't believe his report was hampered by not talking to McCabe. "I felt at all times I was precluded from interviewing or approaching Sgt McCabe or the other whistleblower and they chose not to engage..I can't put it further than that"
#DisclosuresTribunal After judge asks further about Bernard McCabe visit, O'Higgins says: 'AGS cannot prevent the D family agitating their position if they decide to do so on street or elsewhere..and similarly... AGS can't prevent family members in dispute with McCabe..'
#DisclosuresTribunal [cntd] '... if they choose to do so...contacting AGS and airing grievances'. Judge suggests maybe local supt should be contacted and asked for a sense of what's going on. Judge says perhaps that's doesn't happen in case it could be seen to stir up trouble
#DisclosuresTribunal JOM confirms to O'Higgins that Bernard McCabe contacted Garda HQ - which is how it came to JOM's attention, etc.JOM said Bernard McCabe didn't contact local gardai first.
#DisclosuresTribunal Michael O'Toole, of the Star, is now giving evidence.
#DisclosuresTribunal Patrick Marrinan SC, for tribunal, shows the privilege waivers of NOS, Martin Callinan and Dave Taylor and also shows Sgt McCabe's statement to tribunal in which she said it is his wish journalists would come forward to assist the tribunal.
