#DislcosuresTribunal Michael McDowell SC, for Sgt McCabe starts to say: "Chairman, Noel Whelan made an intervention yesterday..." But there's no Garda legal representative here
#DisclosuresTribunal [NOTE: Yesterday Noel Whelan, for AGS, asked if Sgt McCabe was still maintaining the allegation about RTE's reports on the O'Higgins' Commission of Investigation on May 9, 2016 - that NOS was the source for them - given the person who alleges telling him...]
#DisclosuresTribunal Yesterday's hearing ended with the tribunal hearing PR's radio reports on RTE on May 2016. Now it's hearing/seeing PR's News at One, Six One and Nine News reports
#DisclosuresTribunal Judge Charleton has reminded everyone of the term of reference that it's currently looking at. (See below) Judge has said this isn't about who is in favour versus who is against Sgt McCabe.
#DisclosuresTribunal INM counsel says the question of how responsible/irresponsible PW's articles were does NOT fall within the terms of reference. He says it's "not captured" by any of the TORs and says it's not a matter Oireachtas has asked the judge to report on
#DisclosuresTribunal Kathleen Leader BL, for the tribunal, is taking JME through his evidence. JME now going through his career to date. He's been in Examiner since 2003. Became Political Correspondent at the Examiner in 2014.
#DisclosuresTribunal Leader going through the correspondence sent to JME by the tribunal after it was set up
#DisclosuresTribunal JM tells tribunal he started out in journalism as a freelance photographer in 1993 before he started to specialise in crime, terrorism and ntl security. He's been working at Sunday Times since 2007
#DisclosuresTribunal sees that, on March 24, 2017, in response to letter from tribunal, JM wrote: "It is my practice not to comment on news gathering activities and/or sources of information..."
#DisclosuresTribunal John Ferry, for Supt Dave Taylor, asking questions. Ferry recalling how Lally heard about Ms D allegation in 2010/2011, that it had been investigated and that the gardai recommended to the DPP that there be no prosecution and there was no prosecution
#DisclosuresTribunal Ferry recalls that Lally says he can't recall who told him. Ferry suggests the info is very specific. Lally says it happened a long time ago but he may have asked a lot of questions - which might explain the level of knowledge
#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 Alison O'Reilly answering questions again. Counsel 4 Debbie McCann confirms McCann did have pp wiped but it wasn't by way of favour. She wrote to supt (she was 5kph over limit and caught by van) and he decided he would have used discretion had he stopped her
#DisclosuresTribunal Hugh Mohan, for McCann, said this was told in conference and not in a conversation pertaining to Sgt McCabe
#DisclosuresTribunal Mohan, for McCann, is arguing that O'Reilly's timeline isn't correct. Mohan tells tribunal McCann never said to AOR that Sgt McCabe was a child abuser. AOR saying this is all new to her.
#DisclosuresTribunal has resumed. Michael O'Higgins, for Supt Taylor, now addressing Judge Charleton
#DisclosuresTribunal Judge has spoken at length with O'H about Taylor's position after his evidence to tribunal - in which he said he accepted he DID carry out the comms he was accused of carrying out after his transfer out of GPO. [DPP ruled no prosecution in respect of this]
#DisclosuresTribunal Former Garda Commissioner Noirin O'Sullivan is giving evidence. She's being asked about period before her predecessor Martin Callinan's appearance before PAC on Jan 23 2014 (where he made the 'disgusting' remark)
#DisclosuresTribunal NOS said, at the time, Callinan had concerns about the data re: penalty points given to the chair of the PAC John McGuinness. NOS said there were concerns as it was unprecedented that sensitive, personal data would potentially go into public domain.
#DisclosuresTribunal Kathleen Leader, for tribunal, going through the correspondence between McGuinness and Callinan - they both got different legal advice - McG repeatedly told Callinan the data was anonymised, Callinan repeatedly raised concerns about the data going into public
#DisclosuresTribunal Tribunal has resumed. Michael McDowell SC, for Sgt McCabe, now asking Callinan about the comments that journalist Philip Boucher Hayes claims Callinan made to him in December 2013 about Sgt McCabe (that he had psychiatric issues, etc)
#DisclosuresTribunal Callinan repeats he had no part in any campaign against St McCabe and repeats: I never gave any direction or instruction to Taylor to brief any journalist or any person in media negatively about Sgt McCabe. That's my position.
#DisclosuresTribunal McDowell now raising a report by RTE's Paul Reynolds in which he reported on Feb 24, 2014 that Callinan had "issued a direction" to Sgt McCabe "to cooperate with the investigation being carried out by the Assistant Commissioner" [John O'Mahony]
#DisclosuresTribunal Patrick Marrinan SC, for the tribunal, has resumed questioning Callinan. Marrinan raises minutes of pre-PAC meetings in Jan 2014 show Sgt McCabe and Ms D were discussed. Callinan says it does appear minutes show 'motivation' was also discussed
#DisclosuresTribunal Asked about Andrew McLindon's proposal to say something positive about whisteblowers at PAC meeting (where he made 'disgusting' remark) Callinan: My view was if somebody witnesses wrongdoing or wishes to report wrongdoing they should be strongly supported.
#DisclosuresTribunal Marrinan asks Callinan if he spoke to Brian Purcell before PAC. Callinan says he did. Asked about the conversation, Callinan says: "Not sure there was any great detail...apart from awareness that I was appearing before the PAC and he was aware..."
#DisclosuresTribunal Callinan, also in his statement to the tribunal of March 2017 said: I specifically wish to state that I did not direct Taylor to draw journalists' attention to the complaint of criminal misconduct made againt McCabe. Nor did I direct him to suggest...
#DisclosuresTribunal [ctd]...to journalists or others that this was the root cause of his agenda. Callinan also told tribunal that it was "striking" that Taylor's allegation was devoid of surrounding details or context of the circumstances in which he allegedly made this dctn
#DisclosuresTribunal Patrick Marrinan SC, for the tribunal, is taking Callinan - who stepped down from his role in March 2014 - through his evidence
#DisclosuresTribunal Asked when he first became aware of Sgt McCabe, Call: .I certanly read about him during the 2010 period when the Byrne/McGinn report was completed. Had opportunity to look at that. From that particular report, I think I became familiar with Sgt McCabe
#DisclosuresTribunal Tribunal has resumed and O'Higgins, for the gardai, has resumed asking Supt Dave Taylor questions. Picking up from yesterday, he's asking about a meeting btw Taylor and Callinan in Callinan's house after his arrest in May 2015
#DisclosuresTribunal It's not clear when this meeting took place but it was after his arrest. O'Higgins has already said there were two other meetings in June and Oct 2014 in which, according to Callinan, Taylor was unhappy with his transfer to Traffic (happened in June '14)
#DisclosuresTribunal O'Higgins says it's Callinan's evidence that Taylor (during this third meeting after arrest) blamed NOS for his arrest and told Callinan he "would bring her down because of what she had done" to him. Taylor denies this
#DisclosuresTribunal O'H asks re: sex abuse allegation he says he was to whisper about to journalists, etc, "was the purpose of that not to get the journalists to believe there was something to the allegation?" T: No, it was to speak to McCabe's motivation
#DisclosuresTribunal Supt Taylor about to start but, first, legal rep for Irish Examiner's Juno McEnroe asks to clarify a matter. He says, to be clear, McEnroe is NOT one of the journalists that denies being negatively briefed. He doesn't deny that. He's claiming privilege.
#DisclosuresTribunal Judge Charleton says matters are now more confusing than yesterday. His legal rep repeats McEnroe not denying he was negatively briefed. Charleton says people have to start engaging with facts.
#DisclosuresTribunal Patrick Marrinan SC, for the tribunal, says when tribunal first wrote to McEnroe, they received a reply saying Mr McEnroe did not believe he had any info relevant to the terms of ref of the tribunal
#DisclosuresTribunal The tribunal is hearing from two witnesses today: Elaine Strachan and Mark McConnell, of Forensic Science Northern Ireland. Ms Strachan has started to give evidence.
#DisclosuresTribunal [NOTE: In terms of phones - Noirin O'Sullivan was able to give 1 out of 6 phones for the relevant time period (when Supt Taylor was in Garda Press Office),Martin Callinan was able to give 2 out of 6 and Supt Taylor was able to give 0 out of 3]
#DisclosuresTribunal [NOTE: In terms of computers, NOS logged onto 3 PCs, received 5 laptops and 2 iPads. None of the laptops have been surrendered to tribunal and one of the iPads was surrendered (the other was damaged)]
#DisclosuresTribunal Should be noted: yesterday afternoon, the tribunal heard excerpts of Supt Dave Taylor's protected disclosure in which he said: "I can confirm that a large number of interactions took place between myself, the Commissioner and Deputy Commissioner O'Sullivan...
#DisclosuresTribunal "...by way of text message. My telephones have been seized and taken from me, are in the custody of An Garda Síochána.".."I understand from the course of my interviews under caution that the phone has been forensically examined and so these text messages.."