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Public to be excluded from Ms D's tribunal evidence

The tribunal is chaired by Justice Peter Charleton
The tribunal is chaired by Justice Peter Charleton

Supreme Court Justice Peter Charleton has ruled that members of the public will be excluded from next week's session with Ms D at the Disclosures Tribunal but members of the press can attend and report with some restrictions.

The tribunal, chaired by Justice Charleton, is examining allegations that senior gardaí were involved in a smear campaign against Sgt Maurice McCabe.

Ms D made the original complaint against Sgt Maurice McCabe in 2006.

Mr Charleton said the identities of Ms D and her immediate family are to remain anonymised and there is to be no filming or photography at the tribunal on Monday.

He said the weather forecast for Monday was good and they could take the day off.

Mr Charleton also said questioning would be limited to the terms of reference of the tribunal and the transcript would be edited before being published.

He said he could also intervene at times to say something might not be reported if it was an infringement of Ms D's privacy.

In making his ruling, Mr Charleton said the courts had to be mindful that it is difficult for people to give evidence and courts may impose a restriction.

But he said the courts also had to be mindful of precisely titrating in such a way as to allow press representatives to act as a watchdog on how a tribunal might behave and to report if necessary within bounds of reason and accuracy on anything that might be wrong.

He added that members of public are generally very welcome and fulfil an important constitutional duty in attending court proceedings.

Counsel for Ms D Niall Buckley earlier said they would countenance a limited press presence as long as Ms D remained anonymous and she and her family would not be photographed or videoed. 

He said they wanted press members limited to those connected to recognised outlets but members of the public should be excluded.

Sean Gillane SC for RTÉ submitted that the press should be there to report contemporaneously and that RTÉ had no interest in filming Ms D or her family and there was no interest in identifying her directly or indirectly.

Lawyers for the Irish Times, Associated Newspapers, the Irish Examiner, Independent Newspapers and Times Ireland made broadly similar submissions.

Mr McDowell said he did not see why members of the public should be put out of the room and he said he did not see any intimidation from Joe or Josephine Soap. 

Ms D is scheduled to give evidence next Monday along with her father and mother.

Sergeant says there was no malice towards McCabe in station

Earlier, a sergeant with Bailieborough Garda Station told the Disclosures Tribunal that there was no malice directed to Sgt Maurice McCabe within the station and he never heard anything about a false abuse allegation made against Sgt McCabe.

Sgt Tony Byrne said that while Sgt McCabe may have been a topic of conversation, he had never heard discussion about the abuse allegation.

He said there was discussion about the penalty points allegations and pulse records.

Sgt Byrne said the false allegation made against Sgt McCabe was "horrific" and he said the first he knew about it was "the Prime Time programme". 

The tribunal also heard that when the false allegation of sexual abuse was received by Bailieborough Garda Station, the superintendent urged that it should be investigated outside the district.

On 7 May 2014, the same day a Tusla referral was received, Superintendent Leo McGinn wrote to Chief Superintendent James Sheridan suggesting the allegation should be reviewed at officer level in An Garda Síochána, external to the Cavan-Monaghan district.

SC Michael McDowell for Sgt McCabe said Supt McGinn took immediate action on receiving the retrospective referral.

The tribunal has heard that the Tusla referral of May 2014 was based on an incorrect inflated allegation of abuse and Tusla later sent an amended garda notification which attempted to correct the error.

Sgt Byrne told the tribunal this afternoon that as the Tusla liaison officer, he would usually see referrals from Tusla when they were received.

However, he did not see this referral and he said it was not filed in the usual way.

Sgt Byrne said the letter explained why he had not seen the referral, as it was redirected.

Mr McDowell said it appeared that there was a conversation between Supt McGinn and Ms D's father, also a garda, on that day. 

Ms D made the complaint about Sgt McCabe in December 2006.

Sgt Byrne said he was not aware of such a conversation.

The tribunal also heard that on 22 May 2014, Chief Supt Sheridan wrote to the assistant commissioner in the region pointing out that the previous referral contained incorrect information and he attached a corrected referral. 

He said the matter did not require further investigation.

SC Conor Dignam for An Garda Síochána said the letter showed that as early as 22 May 2014 the chief superintendent was pointing out "nothing to see here".