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#DisclosuresTribunal Legal teams for the gardai, INM and Sgt Maurice McCabe about to start giving final submissions.
#DisclosuresTribunal Shane Murphy SC, for AGS, has resumed making his submission. Murphy raising how Taylor's counsel yesterday said Taylor was a "brave whistleblower". Murphy says it's AGS submission that this 'whistleblower' has not told the truth.
#DisclosuresTribunal After lengthy legal explanation, Murphy says claims about Noirin O'Sullivan (what Alison O'Reilly says Debbie McCann told her) is hearsay
#DisclosuresTribunal Murphy says there's no evidence that O'Sullivan used or attempted to use her knowledge of Ms D case to discredit McCabe
#DisclosuresTribunal Murphy addressing comments alleged to have been made by Callinan to McGuinness outside PAC meeting in Jan 2014. McGuinness claims Callinan referred to McCabe as someone who “fiddles with kids” and called McCabe and John Wilson “fucking headbangers”.
#DisclosuresTribunal Callinan rejects the claims. Murphy (very quickly) has gone through timeline of McGuinness telling the tribunal this. Murphy says McGuinness didn't tell the tribunal of these alleged comments until after Callinan made his statement..
#DisclosuresTribunal Murphy says in Callinan's statement, he said McGuinness had dismissed John Wilson as a 'headbanger'. Murphy says it's "striking" McG made no ref to these alleged utterances in the Dail when he spoke of the carpark meeting and he didn't tell any PAC colleague
#DisclosuresTribunal Murphy says Callinan made it clear to tribunal he didn't know about the Grafton Street/horse story re: John Wilson. Murphy submits McGuinness's account is "highly implausible".
#DisclosuresTribunal Taylor has said he heard Callinan say McCabe "fiddles with kids" but he didn't hear the horse/headbanger line...Murphy says there was no mention of it in his PD or his first statement to the tribunal and only told the tribunal after he had met with McGuinness
#DisclosuresTribunal Murphy has raised the carpark meeting McGuinness had with Callinan. Murphy recalls how McGuinness told RTE radio that he never made a note of this meeting - and yet produced a note to the tribunal squeezed into corner of a notebook when opposite page is blank
#DisclosuresTribunal Murphy argues that McGuinness kept quiet about the carpark meeting for two-and-a-half years. Murphy asks why he didn't bring it to the attention of the Justice Minster, etc. Murphy asks why he did nothing
#DisclosuresTribunal Murphy argues McGuinness, in his evidence, said he was dismissive of general rumours about McCabe when he first heard them because it was just gossip. Murphy argues this is in contrast to his claims about Callinan who would have an "authoritative source"
#DisclosuresTribunal Murphy says McGuinness told RTE radio that he never told his party leader Micheal Martin about the carpark meeting and that he made a "conscious decision" not to..but then his evidence to the tribunal was that he did.
#DisclosuresTribunal Murphy also says Micheal Martin told the tribunal (in December 2017) that McGuinness told him about the carpark meeting shortly after it happened. Murphy asks why Micheal Martin did nothing with the allegation...
#DisclosuresTribunal Murphy now raising the evidence of Calllinan V Seamus McCarthy. McCarthy claims Callinan told him that there were allegations of sexual offences against him. Murphy says McCarthy was mistaken in his recollection
#DisclosuresTribunal Murphy says McC didn't commit the exchange to writing;
McCarthy's recollection was relayed 3yrs after the fact - during which time there's been considerable public commentary; McCarthy is a reg attendee of Oireachtas and it's likely he heard rumour elsewhere
#DisclosuresTribunal Murphy goes to Fine Gael TD John Deasy's evidence. [Deasy says Callinan said McCabe couldn't be trusted]. Murphy says it's crucial that Deasy doesn't say Callinan mentioned the D allegation.
#DisclosuresTribunal Murphy submits that Deasy misconstrued what Callinan said. Murphy recalls Callinan told tribunal that when they chatted outside the PAC, at busy coffee dock, that he "...mentioned of course that not all the allegations of McCabe were correct..."
#DisclosuresTribunal Murphy asks for the tribunal to accept the evidence of Callinan over that of Deasy
#DisclosuresTribunal Murphy now addressing the Gerald Kean matter. [Kean spoke to Callinan before going on RTE's @MarianRTE show. See more here:… ]
#DisclosuresTribunal Kean claims that Callinan told him that McCabe had not co-operated with the internal John O'Mahoney investigation into penalty points. Murphy points out there's no claim that Callinan mentioned Ms D matter to him or that he used it to discredit McCabe to Kean
#DisclosuresTribunal Murphy reminds tribunal of its terms of reference. He says - if one was to take the conspiracy theory idea - this WOULD have been perfect opportunity for Callinan to neg brief Kean re: Ms D allegation but he didn't do so.
#DisclosuresTribunal Murphy says it's regrettable Callinan did not tell the tribunal about his exchange with Kean before his radio contribution but he did not believe it was subject to the terms of reference and did not occur to him to be relevant
#DisclosuresTribunal Murphy now addressing the evidence of Philip Boucher Hayes. Murphy outlining differences/additions made between PBH's statement to the tribunal and evidence to the tribunal
#DisclosuresTribunal Murphy says the evidence of producer Niamh O'Connor provided "limited" support to Philip Boucher Hayes's account and if anything undermines it - because she didn't say PBH told her that Callinan said he could tell PBH "worse kind of things" about McCabe
#DisclosuresTribunal Note: NOC told tribunal that PBH told her that Callinan told him that McCabe had psychiatric and psychological issues.
#DisclosuresTribunal Murphy says it's "implausible" that PBH's evidence is "accurate or reliable". Murphy also reference the "memory of matters over passage of time". Murphy: This is not evidence to be relied upon
#DisclosuresTribunal Murphy says that the allegations of McGuinness, Boucher-Hayes, McCarthy, Deasy don't support each other. He says each of their accounts are different
#DisclosuresTribunal Murphy asks the judge to be cautious of the impact of public commentary on the memory of the aforementioned witnesses and asks that the judge take each witness's evidence individually.
#DisclosuresTribunal Murphy says they don't corroborate each other
#DisclosuresTribunal Murphy argues number of witness say there heard rumours about McCabe as far back as 2010/2011 (John Mooney, Michael O'Toole and Conor Lally). Murphy says it wasn't until 2017/2018 - after a "tsunami of public comment and discourse" that witnesses came forward
#DisclosuresTribunal Murphy says he's not suggesting mala fides but repeats his point about the effect of public discourse on memory and says in this case it was "amplified". Murphy says there's no evidence of any action taken by these ppl in 2013 or in intervening period...
#DisclosuresTribunal Murphy addresses the claim that NOS was involved in RTE's Paul Reynolds' broadcasts on the O'Higgins Commission of Investigation in May 2016 - this is based on a claim made by McCabe based on what he says he was told by John Barrett (but Barrett denies)
#DisclosuresTribunal Murphy compares the allegation to a disappearing cliff - because of the evidence that the tribunal has heard on this.
#DisclosuresTribunal Murphy says it's the case of the gardai that the use of the word "lie" by Reynolds - over the word that was in the O'Higgins report "untruth" -was "reasonable".
#DisclosuresTribunal Murphy says there's no evidence to connect NOS to Reynolds' reports and that it's "another example of an allegation with no evidence"
#DisclosuresTribunal Murphy now goes to the minutes of the pre-PAC meetings in 2014 (in preparation of Callinan's appearance before PAC to speak about penalty points) in which there's mention of McCabe and the "2006 first incident"
#DisclosuresTribunal Murphy says Callinan, NOS and Andrew McLindon have all told the tribunal that they have no memory of the Ms D allegation being discussed at these pre-PAC meetings (Callinan did concede, based on minutes it may have been raised).
#DisclosuresTribunal Murphy: There's no evidence it was discussed in detail
#DisclosuresTribunal Murphy says the matter also didn't make it into the actual PAC meeting
#DisclosuresTribunal Murphy says some have asked what Callinan could have said in private, in light of his "disgusting" remark. Murphy says if any "strained inference" is taken from that, it would be based on an ongoing misrepresentation of what Callinan said.
#DisclosuresTribunal Murphy says Callinan was talking about the actions of McCabe and Wilson - not them
#DisclosuresTribunal Murphy now speaking about the Paul Williams' articles of April/May 2014 and visits to D house by Eavan Murray and Debbie McCann in Feb/March 2014.
#DisclosuresTribunal Murphy says it's "striking" that Taylor says he didn't "direct" EM and McCann to go to D house - despite claiming he was directing a campaign to discredit McCabe
#DisclosuresTribunal Murphy says that there's no evidence of a Garda conspiracy being involved in Paul Williams' articles. Says phone records show account of Taylor's contact with Williams is not correct and it was D family who approached Paul Williams - not the gardai
#DisclosuresTribunal Murphy recounting the evidence of a conversation between Supt John O'Reilly and Mr D - and how contact with Williams was born out of that. More on this here:…
#DisclosuresTribunal Murphy repeats that the first contact between the D family and Paul Williams was made by Mr D and that Supt O'Reilly was just a facilitator for D and PW to get in contact. Murphy says Supt O'Reilly was in no way involved in PW's articles.
#DisclosuresTribunal Murphy now reading evidence given to tribunal by Paul Williams.
#DisclosuresTribunal Murphy says phone billing records show Taylor's claim of alleged contacts between him and NOS/Callinan in regards to Williams' visit to D house - as alleged Taylor - didn't take place.
#DisclosuresTribunal Murphy says there's no evidence of calumny or detraction on the part of any member of An Garda Siochana, against Sgt McCabe
#DisclosuresTribunal Murphy clarifies with judge it's the AGS's case it would be better for journalists (when they ask) to be told the facts - that there was an investigation but the DPP ruled against prosecution. And that it would be better to say this than to "leave it float".
#DisclosuresTribunal Murphy also says those facts are true. Murphy recalls the evidence of Michael O'Toole and Conor Lally and how they say when they made their inquiries about the Ms D allegation, they learned the DPP's directions and that was it.
#DisclosuresTribunal Murphy specifically recalls Michael O'Toole, of the Irish Daily Star, saying "it (D allegation) was dead to me". [NOTE: Lally also used the word 'dead' when he gave evidence] Murphy says this indicates the matter was closed for them.
#DisclosuresTribunal Murphy says Taylor's evidence is unreliable. Murphy recalls the evidence of Mick Clifford, Clare Daly and Mick Wallace (of their interactions with Taylor - texts, etc) and says Clifford/Daly/Wallace's evidence supports McCabe's evidence
#DisclosuresTribunal But Murphy says Taylor put out a false narrative and that McCabe's protected disclosure is expressly and totally dependent on what Taylor told him. Murphy calls on tribunal to find Taylor's evidence untruthful, unreliable and false
#DisclosuresTribunal Last week Judge Charleton listed 20 qs and one of qs he asked was: why was disciplinary investigation into Taylor dropped in Feb 2017? Murphy says he doesn't wish to elaborate on this in light of any future potential action
#DisclosuresTribunal Murphy says the fact there are seven journalistic clashes, apart from that between Alison O’Reilly and Debbie McCann, undermines the false allegation of Supt Taylor that he was instructed to smear Sgt McCabe
#DisclosuresTribunal Murphy raises Charleton's question - to what extent does the tribunal have to report on or comment on political involvement or the actions of any individual public representative?
#DisclosuresTribunal Murphy says it's a matter for the judge but he says he's asking the judge to lay out the facts and chronology of the political crises and furore of what led to the tribunal.
#DisclosuresTribunal Murphy also asks judge to consider what scrutiny was done by public representatives of the protected disclosures by Sgt McCabe and Supt Taylor before the tribunal
#DisclosuresTribunal McDowell asking about letter circulating concerning the dropping of the disciplinary investigation, dated Jan 12, 2017. McDowell asking if the date is a misprint. McD: "It would put an entirely different gloss on it"
#DisclosuresTribunal NOTE: Tribunal previously heard the disciplinary investigation into Taylor ended in February 2018 and when Noirin O'Sullivan, in the tribunal, was asked why this occurred, she said it "didn't occur on her watch" but she was garda commissioner until Sept 2017
#DisclosuresTribunal McDowell points out that counsel for the gardai Shane Murphy said the AGS doesn't want to comment on why the disciplinary investigation into Taylor was dropped because AGS might "want to revive the process" in the future.
#DisclosuresTribunal Judge says perhaps he shouldn't have asked (last week) why the disciplinary investigation was dropped. Judge suggests every time a guard says "boo", internal investigations are dropped/held.
#DisclosuresTribunal Counsel for INM is now making submissions
#DisclosuresTribunal INM counsel says Paul Williams was entitled to write the stories he wrote. Says PW was criticised last summer under cross examination by Sgt McCabe's counsel for not going to McCabe before publishing his articles about Ms D
#DisclosuresTribunal INM counsel points out that, since then, it's emerged that Sgt McCabe was "indirectly approached through a legal rep as part of a stress-testing" of PW's articles prior to publication [Tribunal has already heard this was done by Dearbhail McDonald]
#DisclosuresTribunal Counsel for INM John Freeman says there's no satisfactory evidence to suggest any journalist from INM was briefed by Taylor or by Callinan or NOS "in any manner that engages the terms of reference" of the tribunal
#DisclosuresTribunal Rossa Fanning, for INM, goes through evidence re: Williams' interactions with Ms D. He says all the witnesses have been consistent and there's no evidence for tribunal to conclude that "commissioning" of PW stories were part of a smear campaign against McCabe
#DisclosuresTribunal Fanning on the "journalistic clashes" that the tribunal has identified. Fanning says: First issue that arises is the extent to which such conflicts of evidence require to be resolved or addressed in anyway in a report to be presented by you to Oireachtas
#DisclosuresTribunal Fanning says three disputes concern INM - Anne Harris, Gemma O'Dohery and Colum Kenny
#DisclosuresTribunal Fanning says findings on the conflicts could be "reputationally explosive" and urges the judge to act with caution and restrain and not to attempt to resolve the conflict when they're not for the tribunal to decide
#DisclosuresTribunal Fanning says Fionnan Sheahan never told Anne Harris that McCabe is a "paedophile". Fanning says Harris never made any note of this alleged comment, didn't tell anyone and "didn't do anything with it"
#DisclosuresTribunal Fanning described Harris' claim that the alleged comment of Sheahan "struck her" as "startling" and "shocking" as 'extraordinary' because, she also said in her statement that what she attributed to Sheahan had been the "currency in INM for a long time"
#DisclosuresTribunal Fanning has gone over Sheahan's evidence of how he was organising articles concerning McCabe's complaints at the time he was supposedly calling him a 'paedophile'
#DisclosuresTribunal Fanning says Gemma O'Doherty "offered no probative evidence to the tribunal". F says she did offer "speculative views which she refused to resile from". F says she was unable to offer anything of assistance to the tribunal
#DisclosuresTribunal Fanning goes over evidence of Colum Kenny and Tom Brady [Kenny claims TB told him McCabe was being investigated for child abuse in early 2014. TB denies this]. F says TB's evidence should be taken over Kenny's.
#DisclosuresTribunal McDowell, for Sgt McCabe, now making submissions
#DisclosuresTribunal McDowell suggests Shane Murphy's submission is something which causes considerable wonderment as to "how he can say some of the things he did" McD is referring to what Mur said about what people have alleged Callinan said to them in Dec 2013 and Jan 2014
#DisclosuresTribunal [Murphy asked for them to be considered individually]
#DisclosuresTribunal McDowell says its unreasonable for Murphy to suggest the judge to discount the claims made (this is in ref to a legal argument made by Murphy).
#DisclosuresTribunal McDowell says what was claimed to have been said were said within 4 weeks, they were about the same subject (McCabe) and it's claimed in each case, Callinan said derogatory things about McCabe.
#DisclosuresTribunal McDowell goes to evidence of Philip Boucher Hayes first. McDowell says there would be no reason for PBH to make the claim up
#DisclosuresTribunal McDowell says RTE witnesses who came to tribunal to say what PBH told them came on foot of a direct challenge to PBH - by garda counsel - suggesting that if he was telling the truth he would have told someone.
#DisclosuresTribunal McDowell - on criticism of PBH by garda counsel that PBH didn't do anything after Callinan allegedly said what he said to him - asks is garda counsel "seriously suggesting" that PBH would have gone to Director General of RTE and told them
#DisclosuresTribunal McDowell suggests that would have ended up in a "swearing match" on television or in the Four Courts.
#DisclosuresTribunal McDowell now referring to evidence of Comptroller and Auditor General Seamus McCarthy. McD: He responded without any interaction with any parties of this tribunal to your call for ppl to bring relevant information to tribunal
#DIsclosuresTribunal McDowell says he's not suggesting McCarthy should be believed because of office he holds but says the question should be asked...
#DisclosuresTribunal [cntd] would someone in his position, for one minute, come before a tirbunal and give evidence which is highly damaging of a Garda Commissoiner, if he had any doubt, of what he had been told?
#DisclosuresTribunal McDowell: [Seamus McCarthy's] His evidence is credible on its own
#DisclosuresTribunal McDowell now going to evidence of John McGuinness and what McG claims Callinan said to him after PAC meeting
#DisclosuresTribunal McD: Bearing in mind those rumours about McCabe had been rife in political circles at the time, it shouldn't surpirse that there wasn't an immediately explosion of anger by Deputy McGuinness or a scene created when he heard those words about McCabe
#DisclosuresTribunal McD: But what happened the following day (carpark meeting) is of crucial importance because what you are asked to believe - highly improbable - that reason Callinan requested meeting with McG was in last gasp effort to persuade McG not to call McC before PAC
#DisclosuresTribunal McD says the tribunal has seen a draft letter that Callinan claims outlined the reason why he was going to meet McGuinness. But this letter was never sent and it wasn't brought with him to the meeting.
#Disclsoruestribunal McD says judge is being asked to decide which is more probable - that McGuinness is making up what he claims happened at the carpark meeting or the document (mentioned in previous tweet) was created to corroborate a falsehood
#DisclosuresTribunal McD: Suggestion McGuinness would invent this story and create a malicious untruth about a man who was a Garda Commissioner and that he created a note of the meeting to support his a hugely damaging suggestion against McGuinness
#DisclosuresTribunal McD: We're balancing reputations, I'm asking this tribunal to look very, very carefully at where probability lies. McD says either McGuinness has invented the story or told the truth - there is no room for anything else.
#DisclosuresTribunal McD: You have to decide which is more probable that 3/4 disconnected people would tender this evidence against Callinan or that he [Callinan] did say what is alleged and is now seeking to avoid the blame for this by saying his interlocuters raised this issue
#DisclosuresTribunal McD now referring to NOS's missing phones. McD recalling how he put it to her - when she gave evidence - that even the most phone-centred teenager would have difficult going through 6 phones in 2 years.
#DisclosuresTribunal MCD also recalling how Callinan had six phones, and only whereabouts of two is known by the tribunal. McD: One was "bleached" and reissued to another supt and another was given to Fennelly Commission
#DisclosuresTribunal McD asks if this is a coincidence or a "deliberate policy" to not make them available to the tribunal?
#DisclosuresTribunal MCD now referring to how Taylor said the texts he was referring to in his protected disclosure were in relation to updates to NOS and Callinan about media mentions of McCabe
#DisclosuresTribunal McD has read out bits of Taylor's protected disclosure
#DisclosuresTribunal From Taylor's protected disclosure...
#DisclosuresTribunal McDowell refers to Andrew McLindon's evidence in which he said that he was of the understanding that NOS and Callian WERE aware of the pending Paul Williams' articles. [Garda counsel didn't challenge McLindon on this]
#DisclosuresTribunal [NOTE: It's the evidence of Taylor AND McLindon that they discussed the possibility of Paul Williams writing an article about Ms D ahead of publication. McLindon said Taylor was of the view that it would be good for An Garda Siochana]
#DisclosuresTribunal Although NOS and Callinan told the tribunal they had no prior knowledge of the PW articles..this is what McLindon told the tribunal...
#DisclosuresTribunal McDowell is now referring back to the evidence of Supt Frank Walsh - former secretary of NOS - of when he told tribunal about when he showed the (fake) rape referral. NOS says she can't recall seeing it/reading it.
#DIsclosuresTribunal [NOTE: That was in May 2014 - not long after Paul Williams' articles]
#DisclosuresTribunal McDowell says NOS has told the tribunal that she never discussed Sgt McCabe and the Ms D allegation with any member of AGS between 2008 and 2015 - when she was preparing for the O'Higgins Commission of Investigation
#DisclosuresTribunal McDowell says significance is there had been Williams' articles in April/May 2014, there'd been a complaint made to GSOC (by Ms D) and consideration was being given to an inquiry into the matter and Shatter called for it to be included in pending inquiry
#DisclosuresTribunal McD: Is it likely that the commissioner, in these cirumstances, did not discuss the allegations against Sgt McCabe and that nobody discussed those allegations? McD asks judge to consider if NOS's claim she didn't discuss it between 2006 and 2015 is true.
#DisclosuresTribunal MCD: Especially as McLindon said the matter was being discussed in Garda HQ and it was discussed at pre-PAC meetings and it was referred to when McLindon prepared a series for Q&A for Callinan to deal with including the motivation/background of whistleblowers
#DisclosuresTribunal McDowell also says NOS was "extremely vague" about whether the articles referred to McCabe before she finally admitted they must have referred to McCabe.
#DisclosuresTribunal McD suggests Williams' evidence shows he was negatively briefed in so much as he said if he had known full DPP's directions pertaining to Ms D, he would have taken a different view of the matter. McD says this suggests what Taylor told him was a neg briefing
#DisclosuresTribunal McD says there are four journalists which show "clear instances" of where Taylor appears to have engaged in briefing them and it would be "entirely reasonable" to believe this was designed to damage McCabe.
#DisclosuresTribunal McD is referring to Eavan Murray, of the Irish Sun; Debbie McCann, of the Irish Mail on Sunday, Paul Williams, of the Irish Independent and Cathal McMahon, formerly of the Irish Daily Mirror
#DisclosuresTribunal McMahon told tribunal Taylor confirmed the Ms D allegation and investigation to him and that Taylor encouraged him to travel to Cavan. McDowell suggests that Taylor also encouraged the others
#DisclosuresTribunal McDowell says the idea that An Garda Siochana is a disciplined force is an attracive position. McD says if that's the case, discipline must be evenly administered. McD says to have Taylor back in position after the Clerkin criminal investigation....
#DisclosuresTribunal [cntd]...McD: 'And to say that's all right, nothing to see here..but we draw the line at a Sgt accepting a challenge from the Minister for Justice to either put up or shut up...that's's a very, very differential approach to discipline in AGS'
#DisclosuresTribunal McD says the attitude exhibited in the witness box by Supt Taylor indicates a willingness on his part to NOT fight his corner but to rely on entirely formulaic statements of evidence including circumstances that must attract some degree of suspicion...
#DisclosuresTribunal McD says in the case of Cathal McMahon - his evidence should have suited Taylor's case but Taylor, through his counsel, said what McMahon said was untrue and "for some strange reason" Taylor just "engaged in this mantra..motivated by revenge, bla bla bla..."
#DisclosuresTribunal McD says there seems to be "something very, very strange indeed" that tribunal was told by Taylor's counsel that what McMahon said was false when it "tended to corroborate the underlining truth of what he [Taylor] put in his protected disclosure"...
#DisclosuresTribunal McD now referring to Paul Reynolds' reports of O'Higgins Commission. McD: It's clear now, though McCabe would never have guessed it, that word 'lie' was chosen in remarkable circumstances by [RTE chief news ed] Ray Burke when phrase was not used by O'Higgins
#DisclosuresTribunal McD speaks about "internal RTE craftsmanship in terms of language".
#DisclosuresTribunal McD is crystal clear to the tribunal that McCabe is NOT withdrawing the claim at centre of terms of reference K. McD says he wants to make this clear to MEDIA.
#DisclosuresTribunal McD refers to what Sgt McCabe wrote in his protected disclosure about Taylor allegedly being offered chance to slip away and retire
#DisclosuresTribunal McD says Taylor was "offered a way out". McD: Interestingly Michelle Taylor [in her evidence] confirmed that offer was made through his [Taylor's] legal team BUT for some reason you find that Supt Taylor denied that. Why is that judge?
#DisclosuresTribunal McD: "Has he [Taylor] come here as an entirely free man?"
McD asks did Taylor come to the tribunal and dilute his evidence?
#DisclosuresTribunal Counsel for the gardai says this was never put to Taylor. McD says he didn't know the circumstances in which the disciplinary investigation into Taylor was dropped.
#DisclosuresTribunal MCD: It is stange indeed that he comes to this tribunal and contradicts both his wife and McCabe about Dept Commissioner John Twomey offering a peace deal and offering him a way out...
#DisclosuresTribunal MCD:...and then we later get this letter indicating that the disciplinary proceedings were dropped (in Jan 2017 - referred to earlier)
McD: Why was his suspension lifted if he was obviously behaving in a manner which would get any AGS member shown the door?
#DisclosuresTribunal MCD says any member of AGS would probably be lucky to have an inquiry into the facts but they would usually be shown the door for gross misbehaviour. McD points out, in contrast, Taylor was brought back into the force
#DisclosuresTribunal But McD says it would be an error to conclude that there is no truth anywhere in Taylor's claims and "we do know from his dealings with at least 2 and probably 4 journalists that he was encouraging them to go to D family.."
#DisclosuresTribunal McD also refers to the correspondence from Callinan to McCabe and Wilson about penalty points in December 2012 was given to RTE"s Paul Reynolds in Feb 2014 "at a critical point in the interplay..."
#DisclosuresTribunal This is in reference to the internal investigation into penalty points by retired Asst Comm John O'Mahony
#DisclosuresTribunal McD tells the tribunal that McCabe doesn't put himself forward as saint-like. But McD says he's entitled to be vindicated as a man who has been truthful - not only at the O'Higgins Commission but also in this tribunal and that he's well motivated
#DisclosuresTribunal McD asks judge to revisit conflict of evidence between NOS and Annemarie Ryan, of Chief State Solicitor's office, as to circumstances in which there was an opp NOT to involve the Ms D allegation as the explanation for McCabe's "disaffection" at O'Higgins
#DisclosuresTribunal McD also asks judge to look "very, very carefully again" at NOS's account of whether she was/was not available to reconsider the matter over weekend in May 2015 (after legal row on the Friday and when CSS letter was handed up on the Monday) at O'Higgins
#DisclosuresTribunal MCD says problem there was, due to joint representation of Healy & NOS, it was never put to Healy he was wrong in informing Annemarie Ryan that the Commissioner was at all particular times not merely available but anxious to deal with matter in different way
#DisclosuresTribunal [NOTE: "in a different way", he's referring to something other than claiming the Ms D allegation was the "original kernal of McCabe's motivation".
McD says he'd like the judge to look back and ask if that issue was "fairly and squarely dealt with..."
#DisclosuresTribunal McD also says, as a consequence of Paul Reynolds' reportage of O'Higgins Commission, his reputation was damaged. McD says McCabe was so set back by it, that he was out on sick leave due and that his children were told by other children he was a liar
#DisclosuresTribunal McD says this is hugely important to McCabe. McD says McCabe hasn't come here as someone other than a witness. McD: He isn't here as the grand accuser or as someone who has to bring points home. He's here as someone whose name & reputation are hugely at stake
#DisclosuresTribunal McD: And in so far as he's reported the matters disclosed to him by Supt Taylor, he's done it in good faith and quite a good deal of what Taylor told him is true even though questions hang over the contested testimony of Taylor
#DisclosuresTribunal Conor Dignam, for the gardai, says the letter that McDowell referred to earlier re: the disciplinary investigation was from 2018 and the '2017' noted on it was a mistake
#DisclosuresTirbunal Dignam goes to address the matter of the disciplinary investigation and Judge Charleton interrupts to laugh off any suggestion a deal was done with Taylor. Judge: "It's just not there"
#DisclosuresTribunal Judge says he hopes to have his report out in October
#DisclosuresTribunal That's it! (bar term of ref P)
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