The Chairman of the Disclosures Tribunal has questioned whether there was any basis to investigate the current module, or was it all based on leaks and conjecture.
Mr Justice Peter Charleton will consider nine questions now that the module has come to a close.
The Tribunal has been engaged for the past month in examining whether Nóirín O’Sullivan relied on inappropriate grounds to discredit Maurice McCabe at the O’Higgins Commission of Investigation.
Sgt McCabe will himself give evidence at the start of the next module, which is set to begin later this month.
Peter Charleton has laid out 11 questions - two of which he has already answered 'no' to – which he will now consider to get to the bottom of whether Ms O'Sullivan relied on unjust grounds to discredit Sgt McCabe.
Judge Charleton also asked whether there was any basis for the Tribunal to investigate this module at all - or was it based entirely on leaks and conjecture.
You can see the full list of questions below:
- Were there false allegations of sexual abuse relied on by Noirin O’Sullivan to discredit Maurice McCabe at the O’Higgins Commission – everyone seems to be agreed there weren’t - and the Chairman answered no to this.
- Were any unjust grounds relied on inappropriately to discredit Maurice McCabe – by Commissioner O’Sullivan?
- What are the limits appropriately of cross examination, cross examination as to credibility and cross examination as to credit?
- What evidence is there that the letter outlining the Garda legal strategy was a) a mistake b) an uncorrected mistake due to error or was it deliberate? And second part – what has this if anything to do with Nóirín O’Sullivan?
- Was there any that the Commissioner intended to challenge the credibility or motive of Sgt McCabe or was it to challenge the bona fides/mala fides or integrity of Maurice McCabe?
- Is Garda counsel correct to say that the use of the word integrity was incorrect – was it said in the heat of moment or was it the Commissioner saying one thing publicly and then using strategy of attacking Maurice McCabe privately at the Commission?
- Is there any evidence of unpleasantness of counsel – no record of shouting – given that Dept of Justice authorised phrase aggressive stance – what finding should we make in respect of that.
- Is there any evidence of a dark truth of going after Maurice McCabe at the Commission which emanates from the Apex of the Garda organisation and is to be ascribed in particular to Nóirín O’Sullivan?
- Did the Department and Minister behave lawfully in leaving any question of legalstrategy to the Garda Commissioner?
- The Chairman prefaced this question by saying the answer seems to be no – is there any way in which the Commission inappropriately handled matters ? Mr Justice Peter Charleton said no – it seems to me the Commission handled matters absolutely appropriately.
- Was there any basis to ask the Tribunal to investigate this module – or is it based entirely on leaks or conjecture?