28 May 2014

Dublin: Abused Garda Whistleblower Accused Of "Destroying The Force" UPDATED*

*Claims by the acting Garda commissioner, Noirín O’Sullivan, that senior Garda management are in contact with Sergeant Maurice McCabe over ongoing harassment have been rejected by sources close to him.
Ongoing harassment of the whistleblower within the force, despite vindication by Sean Guerin, was raised in the Dáil by independent TD Mick Wallace on Tuesday.
Ms O’Sullivan told the Justice Committee yesterday that “senior Garda management are supportive of Sgt McCabe and in contact with him on a daily basis”.
She said she had sent an assistant commissioner to reassure Sgt McCabe about support for him from senior management.
Sources close to Sgt McCabe rejected both contentions. “The only interaction management have had with Maurice even since the publication of the Guerin Report was when he approached somebody to complain about the harassment. They have never come near him otherwise.”
The source also pointed out Assistant Commissioner Kieran Kenny did meet Sgt McCabe the day after Guerin was published to inform him his access to the Pulse computer was being restored. “Pulse was the only thing discussed at that meeting . . . There was certainly nothing about the commissioner conveying that she supported him or recognised that Guerin had vindicated his complaints.”
The sergeant has allegedly been subjected to a number of instances of harassment in recent weeks. Among the allegations were:
* The drawing of graffiti on a duty detail in his station in which somebody had added the category of “whistleblower” to columns for “sergeant” and “garda”.
* An allegation a senior officer had, when reviewing the performance of ranked Garda members, asked them whether Sgt McCabe was hindering their work.
* When Sgt McCabe was the senior ranking officer at a fatal traffic accident, a more senior officer bypassed him and directly contacted members of ordinary rank, contrary to policy.
Ms O’Sullivan told the meeting she had arranged to contact the acting confidential recipient, asking to get in touch with Sgt McCabe’s legal team about the harassment. It is unclear, however, under what power she operated as there is no provision for management to contact the confidential recipient about a member of the force. Neither does the confidential recipient have any power to do so.
Since publication of Guerin, nobody from the commissioner’s office has contacted Sgt McCabe in any form of communication. Neither has he been contacted by his staff body, the Association of Garda Sergeants and Inspectors.
Justice Committee members also accused the Department of Justice secretary general, Brian Purcell, of “stonewalling” after he flatly refused to answer questions on why he was sent to the former Garda commissioner’s home hours before he announced his resignation.
Mr Purcell, who was sent by the Taoiseach to Martin Callinan’s home the night before he retired, said to answer such questions would be to prejudice the work of the Fennelly Inquiry into a range of Garda matters.
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Minister for Justice Frances Fitzgerald will raise directly with the Garda Commissioner allegations that whistleblower Sgt Maurice McCabe continues to be harassed, abused, and accused by senior officers of “destroying the force”.
Independent TD Mick Wallace told the Dáil last night, “Maurice McCabe is not at work today or yesterday. He is suffering harassment and abuse. He has been told by senior officers that he destroyed the force.
“He [Sgt McCabe] has reported the abuse through the proper channels. And there is no change. It is hard to believe that a man who has been so selfless and relentless in the pursuit of justice could still be treated like this, given all we now know.”
Ms Fitzgerald told Mr Wallace: “I will certainly raise that matter directly with the Garda Commissioner.”
The Minister was responding to the technical group’s Private Members’ motion on the Garda Síochána (Amendment number two) Bill to establish a Garda Síochána Independent Board, with monitoring, supervisory and oversight functions over the Garda Síochána.
Independent TD Clare Daly made allegations against three gardaí in the Ian Bailey case. Ms Daly said that in 2001 a report on the Sophie Toscan du Plantier murder case investigation by the former DPP described the behaviour of gardaí as outrageous.
Ian Bailey’s team reckoned it had cost the State €40 million to €50 million “in trying to fit him up in the 18 years since this has started”.
Extradition Ms Daly said in the course of Mr Bailey’s litigation it emerged before a Supreme Court hearing against his extradition that the European arrest warrant “was prepared on information submitted by gardaí who had been named in the DPP’s report as behaving improperly and this was what informed the French”.
She said: “There are three senior officers, it has been reported in the media recently, who in that case used improper influence” on the Cork State solicitor Malachy Boohig.
Ms Daly said Mr Bailey’s team had been informed those officers were former Chief Supt Dermot Dwyer of Bandon, the State’s most senior detective at the time; Chief Supt Seán Gamill; and Assistant Commissioner of the southwest division Martin McGuinn.
Chief Supt Dermot Dwyer “popped up in a dossier filed by former garda Jack Doyle” who had revealed gardaí sold drugs and allowed criminals get their hands on some of that stock.
Criminal gang She claimed the same individual was “given tens of thousands of pounds by a major criminal gang”.
Ms Fitzgerald accepted the principle of the legislation and reiterated her commitment to reform, She acknowledged the substantial contribution many gardaí had made to the State and its security.
*Garda promotions often depend on who you know, who you play golf with or if a family member is senior officer, a TD has alleged.
Independent TD Clare Daly called for the interview process for promotion to sergeants and inspectors currently underway to be stopped until an independent authority was established to oversee the force.
Ms Daly said that in a letter she received from a Garda sergeant, he claimed that the method of promotion through Garda ranks was based on “who you know, (if you) play golf with the super or chief, or have a super or a chief in the family”.
The sergeant said in the letter that “not everybody got promoted this way but a large number did. She quoted from the letter that “I believe this system has led to where we are today. Some fine members have been overlooked year and year and they eventually give up and become disillusioned.”
Ms Daly said she agreed with the sergeant’s call that the interview process to be halted until the independent authority was established.
The Dublin North TD was speaking during a private member’s debate introduced by Independent TD Mick Wallace on the Garda Síochána (Amendment No2) Bill to establish a Garda Síochána Independent Board, with monitoring, supervisory and oversight functions over the Garda Síochána.

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