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#DisclosuresTribunal Counsel for Fianna Fail TD and former chair of PAC John McGuinness making a submission about the carpark meeting between McGuinness and former Garda Commissioner Martin Callinan
#DisclosuresTribunal McGuinness's counsel basically outlining the differing evidence of the carpark meeting (Callinan V McGuinness)...Counsel now recounting what McGuinness claims happened after Callinan's appearance before PAC in Jan 2014.…
#DisclosuresTribunal Darren Lehane BL, for McGuinness, has asked the tribunal to consider the allegations made by others in relation to PAC in January 2014 - that of C&AG Seamus McCarthy, Fine Gael TD John Deasy. Lehane says these were all independent interactions with Callinan
#DisclosuresTribunal Lehane submits Callinan deployed the same tactic in the tribunal re: McGuinness/McCarthy/Deasy evidence/allegations - claiming THEY raised the Ms D allegation against Sgt McCabe and not him.
#DisclosuresTribunal Lehane also recalls the evidence of Philip Boucher Hayes and Gerald Kean. Lehane says, collectively, it shows Callinan wanted to influence ppl negatively against Sgt McCabe
#DisclosuresTribunal Lehane also says it's NOT credible that Callinan didn't know what 'kiddie fiddler' was and hadn't heard of the term until this tribunal. [Judge asks Lehane to slow down a little - he does talk very fast]
#DisclosuresTribunal Lehane is also representing former editor of the Sunday Independent Anne Harris.
#DisclosuresTribuanl Lehane explaining how she responded to Charleton's call for information - saying she was warned off Sgt McCabe by journalists - a freelance journalist, Ian Mallon and Fionnan Sheahan. She claims FS called McCabe a 'paedophile'. FS denies this.
#DisclosuresTribunal Lehane says Harris has been accused of speaking falsely, that she's tainted by improper motives, that she's a bitter person and that she has used tribunal to ventilate animus against INM..and was threatened with defamation by making her claims to the tribunal
#DisclosuresTribunal Lehane says these claims have had a devastating impact on her. Lehane now going through her evidence.
#DisclosuresTribunal Lehane tells tribunal Harris didn't think FS was gossiping, while Ian Mallon said to her - when they were talking about McCabe - that he said 'oh you know, we have to bear in mind...there's more to this than...there's more to this than meets the eye'
#DisclosuresTribunal Lehane says Mallon, when he gave evidence, accepted that many people in INM were talking about Sgt McCabe and the Ms D allegation but he couldn't recall when he first heard it.
#DisclosuresTribunal Lehane says Sheahan also couldn't recall when he first heard about an allegation of sex assault against Sgt McCabe "and other allegations".
#DisclosuresTribunal Lehane says Sheahan denies saying McCabe was a 'paedophile'. Lehane recalls how Sheahan accused Harris of "headline hunting" by going to the tribunal
#DisclosuresTribunal Lehane submitted this (paraphrasing)
#DisclosuresTribunal Charleton has asked Lehane what he wants him to take from the various people's evidence about Callinan.
#DisclosuresTribunal Lehane asks if they show a pattern of activity by Callinan. He then asks, if they do, what was the nature of that activity and how does that support the individuals' accounts? Lehane says some of the alleged encounters have "striking similarity"
#DisclosuresTribunal Michael O'Higgins, for Supt Dave Taylor, says he's making a short submission at the outset to place Taylor in context and then go through the questions that Charleton asked last week. See these questions here:…
#DisclosuresTribunal OH: DT has made a protected disclosure. The essence is he negatively briefed about McCabe and he specifically did so by telling ppl about the Ms D allegation and investigation and that Sgt McCabe was angered about this..he had baggage and was driven by spite
#DisclosuresTribunal OH asks - as an overview - that the judge considers the claims from Deasy/McCarthy/McGuinness/Boucher Hayes/Kean in respect of Taylor's protected disclosure
#DisclosuresTribunal OH tells judge if he satisfied there's been no collusion in terms of the evidence of Deasy/McCarthy/McGuinness/PBH and Kean - then "this would exceed mere confirmation and might rise to corroboration" in terms of Taylor's claims
#DisclosuresTribunal OH: Is his (Taylor's) evidence capable of being believed? Yes. Should it be believed? That's for judge to decide
#DisclosuresTribunal OH: If Callinan was uninvolved in client would be pushing a stone uphill in persuading this tribunal that he was acting in a scheme that was a concerted or joint enterprise.
#DisclosuresTribunal OH: Answer lies in tribunal's own analysis of PAC witnesses and evidence of Gerald Kean...OH says either Taylor's claims are a "mere coincidence" or there was a "scheme in place". OH says it's his submission that Taylor and Callinan were "working in tandem"
#DisclosuresTribunal OH says, in terms of Noirin O'Sullivan, unlike Callinan, no actions can be pointed to, independent of Taylor, which would seem to interconnect with Taylor's account.
#DisclosuresTribunal OH says judge is left with Taylor's assertions that he told NOS and she was aware of the alleged campaign. OH says it's a "much thinner case" and it's question of whether the judge is willing to accept what Taylor said as "broadly truthful"
#DisclosuresTribunal In terms of the question about Taylor's 'false High Court application' - in which he claimed texts on phones would corroborate his claims
#DisclosuresTribunal OH says Taylor "clearly bears an animus towards Noirin O'Sullvian" Taylor says he thought incorrectly that she was "the driving force for his arrest and was using it to sideline him and to discredit him"
#DisclosuresTribunal Last week, Judge Charleton asked why the disciplinary investigation re: Taylor was dropped. [Tribunal heard that happened in Feb 2017 - few days after Labour's Brendan Howlin spoke in Dail about what he had heard about a campaign against Sgt McCabe]
#DisclosuresTribunal O'Higgins, for Taylor, has told the judge that Taylor doesn't know why this was dropped but that his legal team did forward any correspondence in relation to this to the tribunal
#DisclosuresTribunal OH: AGS is a large organisation and Callinan made a number of references in his evidence to "garda family". We all know benefits of the nurturing environment of family...but not all families are healthy..sometimes in that environment people can feel inhibited
#DisclosuresTribunal OH: It does strike me..there's an awful lot of people out there who know more about matters that the tribunal has been inquiring into... very, very few of them have come forward and my client has come forward. He is what I would a whistleblower
#DisclosuresTribunal OH: And whistleblowers are often very damaged people. For instance, they may well have operated in a particular millieu..but there may be a conversion when circumstances change and they find themselves on outside looking in...and see things indifferent prism
#DisclosuresTribunal OH says Taylor did a brave thing by coming forward. Says it could not have been easy to speak to McCabe in his (Taylor's) home, to make a protected disclosure and to claim what he's claimed
#DisclosuresTribunal OH says if Taylor was a fantasist and just throwing a spanner in the works, then he was a "very fortunate fantasist and lucky spanner thrower" given the claims made about Callinan.
#DisclosuresTribunal OH also recalls how RTE journalist Philip Boucher Hayes' evidence is that Taylor was nominated by Callinan as his "got to" person in relation to claims about Sgt McCabe
#DisclosuresTribunal Sean Gillane SC, for RTE, now making a submission on term of reference K - about Paul Reynolds' reports on a leaked copy of the O'Higgins Commission of Investigation report on May 9, 2016
#DisclosuresTribunal Gillane says, unlike other terms of reference, this is the only TOR which has no primary/direct evidence to support it. Instead it's based on protected disclosure of Sgt McCabe (which is based on what he claims head of HR at gardai John Barrett told him)
#DisclosuresTribunal Gillane says grave findings would have to be made against Noirin O'Sullivan before anything negative could be found against RTE
#DisclosuresTribunal Gillane says the words "liar" and "irresponsible" were never used in the RTE broadcasts on May 9, 2016. Judge points out the word "lie" was used. Gillane says he'll come to this.
#DisclosuresTribunal Gillane says the issue of the word "lie" was explained in great detail in evidence of Paul Reynolds and chief news editor Ray Burke. The word was included in some of PR's reports.
#DisclosuresTribunal Gillane says use of this word (to replace O'Higgins' word "untruth") was discussed by PR and RB and there was no outside influence in decision to use word "lie". Gillane says the O'Higgins Comm of Investigation report is available to the tribunal...
#DisclosuresTribunal [cntd]...and every word of the RTE reports can be analysed...Gillane says almost every word of RTE reports can be sourced from O'Higgins report...Gillane also says, despite threats of legal action by Sgt McCabe in respect of RTE reports, no action followed
#DIsclosuresTribunal Gillane submits the Feb 2014 Paul Reynolds' report/s on former on John O'Mahoney's probe of pen points were "inappropriately pulled in" to the tribunal's remit and it was unfairly put to PR by McDowell, for McCabe, that PR had "deep prejudice" against McCabe
#DisclosuresTribunal Gillane says, in contrast, his reports on that day were "textbook example of journalism at work"
#DisclosuresTribunal Gillane submits Taylor is a damaged witness who made his protected disclosure in context of what he said was a "trumped up" investigation into him. Gillane says that, combined with serious allegations he's making, great care needs to be taken w/ his evidence
#DisclosuresTribunal Gillane says, while RTE, Paul Reynolds and John Burke (whom Taylor claims he neg briefed and they say he didn't) are not central characters in the tribunal, the tribunal has been central to them as allegations have been made against them and hanging over them
#DisclosuresTribunal Gillane says nobody has pointed to a syllable of John Burke's journalism to suggest he was party to any alleged smear campaign of Sgt McCabe.
#DisclosuresTribunal Gillane says John Burke and Paul Reynolds' reputations have been built up for decades and there is "simply no evidence to support adverse findings against them"
#DisclosuresTribunal Fíonán Ó Muircheartaigh, for Irish Daily Mail journalist Alison O'Reilly, is now making his submission
#DisclosuresTribunal FOM says this about Alison O'Reilly's evidence and her claims about Debbie McCann, of Irish Mail on Sunday
#DisclosuresTribunal FOM adds AOR can pinpoint exactly when she met McCabe (Feb 28, 2014)
#DisclosuresTribunal FOM adds Robert Cox, deputy editor of the IMOS, withdrew claims he made in his statement to the tribunal.
#DisclosuresTribunal FOM says AOR claims McCann told her she was being manipulated with AOR told her she had met McCabe and was satisfied he wasn't a paedophile
#DisclosuresTribunal Tribunal previously heard about texts between AOR and McCann. When McCann gave evidence, she claimed a text was deleted to put McCann in a bad light.
#DisclosuresTribunal McCann claimed this text she sent to AOR: "I am fully aware. And to be honest I think it's gross. There is a very messed up girl at the heart of it and no one gives a fuck" was in response to a text about INM having an alleged agenda against McCabe
#DisclosuresTribunal But FOM says this isn't the case and says, in fact, the text WAS in response to a text from AOR about Guerin finding that McCabe was a "highly respected" individual. He said...
#DisclosuresTribunal FOM lists several things...
#DisclosuresTribunal FOM reminds tribunal that the editor of the Irish Mail on Sunday Conor O'Donnell, in his evidence, said it was likely that McCann's source was gardai
#DisclosuresTribunal FOM says AOR claims she was cautioned against becoming involved in the tribunal and that counsel for the Mail Michael Kealey had a different account. FOM said docs were provided to the tribunal to support AOR's claim and that Kealey has not rebutted this.
#DisclosuresTribunal FOM says AOR was only witness to be asked about her age and her relationships when she gave evidence. FOM says there were attempts by Mail to discredit and intimidate her
#DisclosuresTribunal FOM says that Mail, in its first response to the tribunal, told it that AOR was "motivated by a dispute" as opposed to engaging with factual matters - that McCann had gone to D house and that she (AOR) had visited Sgt McCabe in early 2014
#DisclosuresTribunal FOM says that it's possible journalists could be negatively briefed without even realising they were negatively briefed
#DisclosuresTribunal Tom Murphy - for McCann, Sebastian Hamilton, Conor O'Donnell, Robert Cox, of Mail - is now making submission
#DisclosuresTribunal Murphy lays out the evidence of AOR v McCann...
#DisclosuresTribunal Murphy says that the attempts by four newspapers (Irish Mail on Sunday, Irish Sun, Irish Independent and Irish Daily Star) to contact D family in early 2014 is indicative of "how independent journalists operate".
#DisclosuresTribunal Murphy says it cannot be taken that those contacts had been directed by gardai or others
#DisclosuresTribunal Murphy says McCann acted "wholly professionally"; that she sought to obtain accuracy and when D family declined to speak to her, that was the end of the matter and she took it no further. Murphy says if tribunal finds anything different it would be "perverse"
#DisclosuresTribunal Murphy also says that all his clients at the Mail have at all times sought to assist the tribunal and that at no time did they act improperly or dishonestly to the tribunal and any finding to the contrary would be devastating professionally for them
#DisclosuresTribunal Tribunal still hasn't heard, yet, of a response from Mail's solicitor Michael Kealey to the following claim made by AOR when she gave evidence... (Perhaps it's in writing)
#DisclosuresTribunal Counsel for Irish Examiner has made a submission. It was mainly legal argument about journalistic privilege.
#DisclosuresTribunal Counsel for D family Niall Buckley now making a submission. He says visits of Eavan Murray, of the Irish Sun, and Debbie McCann, of Irish Mail on Sunday, were unsolicited and the D family still don't know how these visits came about.
#DisclosuresTribunal Buckley says the visit of Paul Williams, of Irish Independent, to the D house in March 2014 was different and that Ms D wanted to speak to a journalist and wanted to speak to Williams. Ms D says nobody prompted her.
#DisclosuresTribunal Buckley said this had nothing to do with the false rape referral which had gone from a HSE counsellor to Tusla in August 2013 - after Ms D spoke to a counsellor - and that she knew nothing about that at the time she spoke to Williams in March 2014.
#DisclosuresTribunal [Tribunal has already heard Ms D didn't become aware of it until May 2014]
#DisclosuresTribunal Judge is now checking with Diarmaid McGuinness SC, for the tribunal, about remaining parties who wish to make submissions. Judge says there's no criticism of those who don't wish to make submissions.
#DisclosuresTribunal Tribunal hears following don't wish to make submissions: Eavan Murray, of Irish Sun, Michael O'Toole, of the Irish Daily Star, Cathal McMahon, formerly of the Irish Daily Mirror, John Keirans, editor of the Irish Daily Mirror, John Mooney, of Sunday Times
#DisclosuresTribunal John KIERANS - apologies
#DisclosuresTribunal John Barrett, head of HR at the gardai, also doesn't wish to make a submission
#DisclosuresTribunal Shane Murphy SC, for An Garda Siochana, now making a submission. Murphy: Many allegations made before this tribunal had been withdrawn, misinformed or found to be groundless...
#DisclosuresTribunal Murphy: This shows the ease with which allegations of misconduct can gain public traction with little concern for whether they're true or not...and when tested, a different picture can emerge
#DisclosuresTribunal Murphy: What has emerged in evidence is different picture portrayed in the protected disclosure...Taylor's credibility is central for judge to make his determination
#DisclosuresTribunal Murphy recalling what judge has said in the tribunal about evidence and truth. Murphy says whatever little evidence has been presented has been "flawed" and that Taylor's evidence has been "utterly lacking credibility"
#DisclosuresTribunal Murphy recalls what McCabe told tribunal about him having no evidence per se against Callinan and NOS and that he had just told the tribunal what Taylor told him
#DisclosuresTribunal Murphy says details of Taylor and McCabe's protected disclosures were reported in the Irish Examiner in early Oct 2014 (earlier counsel for Irish Examiner hit back at garda counsel for "shooting the messenger" in terms of Mick Clifford's reports on the PDs)
#DisclosuresTribunal Murphy recalls difference btw evidence of Alison O'Reilly and Debbie McCann. Murphy: We say NOS's evidence is that NOS never discussed McCabe with McCann at any time... and there's no record of phone calls between them at the relevant time.
#DisclosuresTribunal Murphy says what actually happened in the O'Higgins Commission of Investigation differs to the claims made about what happened - which ended up being examined by the tribunal. More about the O'Higgins module at the tribunal here:…
#DisclosuresTribunal Murphy recalls evidence of Michael O'Toole, of Irish Daily Star; John Mooney, of Sunday Times and Conor Lally, of Irish Times. Murphy says they all said they had heard about the Ms D allegation from a non-Garda source years before Taylor became press office
#DisclosuresTribunal Murphy says this was long before this alleged campaign which Taylor said he was instructed to carry out in 2013. Murphy specifically points out how Michael O'Toole specifically said the matter was "dead" to him.
#DisclosuresTribunal [NOTE: Nobody asked MOT about Mr D's evidence that MOT contacted him on Facbeook around the time of Eavan Murray and Debbie McCann's visit to the D house in early 2014]
#DisclosuresTribunal Murphy "intense media commentary" about the allegations before the tribunal has had detrimental impact on his clients (Callinan and NOS, gardai). Murphy says the claims served to undermine NOS position and contributed to her retirement last year
#DisclosuresTribunal Murphy says the reportage has been particularly difficult for those at centre of allegations. Murphy says media felt free to report the allegations solely because they were in PDs and felt they could report on them...
#DisclosuresTribunal [cntd] ... w/o having to establish if the claims were based in fact or w/o putting it to the people against whom allegations were made. Murphy adds, because of laws, his clients were also constrained in how they could respond...
#DisclosuresTribunal Murphy says the allegation of a smear campaign made by Taylor is "untrue" and says there's "no evidence" to support the claim. Murphy says when one looks at the evidence given, all of it contradicts rather than supports Taylor's claim.
#DisclosuresTribunal Murphy says there's no credible evidence that he did anything he claims to have done, under instructions of Callinan or with acquiescence of NOS. Murphy: There's no negative stories, there's no sign of any chilling effect.
#DisclosuresTribunal Murphy: In years from 2010 to 2017, there have been 100s and 100s of reports about Sgt McCabe and the majority of them were positive.. It's hard to believe it [a smear campaign] ever happened at all.
#DisclosuresTribunal Murphy, in reference to Paul Williams' articles in the Irish Independent (in which Sgt McCabe wasn't named) says they came about because Williams was approached by the D family
#DisclosuresTribunal Murphy says Taylor mislead Chief Supt Clerkin's criminal investigation into allegations of leaking material to journalists. Judge asks how? Murphy says because of what Taylor told the judge/tribunal. Murphy says Taylor was effectively lying to Clerkin
#DisclosuresTribunal Murphy says Taylor was effectively lying because when he gave evidence to the tribunal - he ADMITTED to allegations as laid out by the Clerkin investigation. [Tribunal heard Taylor repeatedly said 'no comment' for 18 hours in Clerkin investigation]
#DisclosuresTribunal Murphy says the vagueness of Taylor's allegations have made it almost impossible for his clients to cross examine his allegations. [Taylor hasn't given any details of any negative briefings - times, places, etc]
#DisclosuresTribunal Murphy repeats Taylor's claims are untrue and that this goes to his lack of credibility and the lack of credibility of his protected disclosure
#DisclosuresTribunal Murphy recalls how he told tribunal's investigators that he dropped in the Ms D matter in conversations with journalists to the effect that "there's no smoke without fire". But when he gave evidence, Taylor said he didn't mean this about Ms D...
#DisclosuresTribunal Murphy says this contradiction should be noted and that, because of it, Taylor's claims should be "treated with suspicion"
#DisclosuresTribunal Murphy tells how Taylor told politicians and journalists that his phones were seized which would have documentary evidence of the campaign. Murphy says tribunal has since heard the phones were in HIS possession and "he must have known this was the case"
#DisclosuresTribunal Murphy says this created a false narrative which did tremendous damage to Callinan and NOS. M: This has to go to the credibility of the rest of this protected discloure and his credit. Murphy says the claim was "recklessly made as it was casually withdrawn"
#DisclosuresTribunal Murphy raises Callinan's claim that Taylor told him (Call) that he would "bring down" NOS. Murphy says this is evidence of a motive on part of Taylor. Murphy points out Taylor met with Mick Clifford shortly after making his PD (where he was to be anonymous)
#DisclosuresTribunal Murphy also recalls a text made by Taylor in which he referred to Andrew McLindon as "rodent Andy" - whom Taylor has claimed knew about the alleged campaign.
#DisclosuresTribunal Murphy says Taylor's protected disclosure is a work of fiction and there's no evidence to support his claims.
#DisclosuresTribunal Hearing has ended and Murphy will resume making submission on part of An Garda Siochana at 10.15am tomorrow.
#DisclosuresTribunal Audio recording of this morning's final submissions can be listened to here…
#DisclosuresTribunal Audio recording of this afternoon's final submissions can be listened to here…
#DisclosuresTribunal In the morning, submissions were made by counsel for Fianna Fáil TD John McGuinness, former Sunday Independent editor Anne Harris, Supt Dave Taylor, and RTE
#DisclosuresTribunal Afternoon submissions were made by counsel for Irish Daily Mail’s Alison O’Reilly, Irish Mail on Sunday’s Debbie McCann, Irish Examiner’s Cormac O’Keeffe, Daniel McConnell & Juno McEnroe, D family, and ex-Garda Comms Martin Callinan & Noirin O’Sullivan
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