Following reports on RTÉ radio programmes on Monday of this week, regarding the contents of the O’Higgins Commission of Investigation into cases of alleged garda malpractice in the Cavan/ Monaghan Division, which arose from complaints by Garda Sgt. Maurice McCabe, the sergeant’s wife, Mrs. Lorraine McCabe is understood to have phoned the office of the Minister for Justice, Frances Fitzgerald, and urged that the full 360 page document be published.
The Garda Sergeant, now based in Mullingar, previously served as station sergeant in Bailieboro, Co. Cavan.
We understand that Mrs. McCabe was upset over what she regarded as selective coverage of aspects of the O’Higgins report, which was given to the Justice Minister two weeks ago, but has not yet been made public.
We understand that Sergeant McCabe also wants the full O’Higgins report to be published.
The former Minister for Justice, Mr. Alan Shatter has also asked for the immediate publication of the report. He had been forced to resign as Minister following the previous report, conducted by Sean Guerin, BL, and feels the O’Higgins report will vindicate him. It was grossly unfair that it had not been published, he said.
In light of what has so far appeared, it appears as if the Guerin and O’Higgins reports are totally at odds in some respects.
Former Garda Commissioner Martin Callinan, who resigned in 2014, is also awaiting publication of the report, as are senior gardaí who internally investigated Sgt. McCabe’s complaints.
Precisely why the O’Higgins Investigation has not been published isn’t clear, as it has already gone before the cabinet, we understand. As pointed out by Michael Clifford in the Irish Examiner on Tuesday, pressure is increasing for the full publication of the report, following the broadcast of elements of the report on Monday by RTÉ.
On Tuesday, the Irish Times stated it had seen a copy of the O’Higgins report, and stated: “Though Sgt McCabe is criticised in parts of the report, the findings of the commission about the non-prosecution of offences and the altering of Garda records bear out many of his complaints.”
The commission described the Pulse changing issues as “troubling” and “unsatisfactory”, but also found the later updating of the Purse records was not “corrupt” as Sgt McCabe alleged, stating that Pulse entries were being “corruptly” changed to “cover up” a failure to prosecute.
The commission states, (the Times reported) that “The vast majority of the complaints made by Sgt McCabe…. are borne out, at least in part…”
Commented the Irish Examiner’s Michael Clifford: “.. Since 2007, Sergeant McCabe has endured ferocious opposition to his lonely stance from within the force. It has been acknowledged that he and his family have suffered enormously because he pursued the complaints within the force when he felt they were not properly addressed, and then he pursued another legal route outside the force to have the matter addressed.”
“….. Apart from the implications for those who are involved in the matter, there is another, more pressing reason for publication. In the vacuum that exists, elements of the report have been leaked out to sway public opinion one way or another.”
“This is standard fare in scenarios such as this. First impressions tend to be the more lasting. O’Higgins runs to 360 pages and if the report follows a trend of a careful judicial balancing act, there may well be something positive for all concerned parties.”
The Irish Examiner reporter said that the RTÉ segments on Monday had a headline stating allegations of corruption within the force were rejected by O’Higgins and that “at least as much emphasis was placed on what appeared to be criticism of Sgt. McCabe as it did on transgressions that the sergeant complained about. The casual listener might conclude that the complaints now sound like much ado about a few errant and inexperienced gardaí of ordinary rank. An impression might also linger that Sgt. McCabe blew the whole issue out of proportion…”
He concluded: “It will indeed be a major surprise if such an impression survives publication, but we simply don’t know until everything is out in the open. What we do know is that those who hold positions of power tend to be well practised in the art of spinning in a vacuum.”
