The Disclosures Tribunal has heard the former garda press officer Superintendent David Taylor denies saying that former commissioner Martin Callinan compiled text messages about Sergeant Maurice McCabe for Supt Taylor to send on.

Sgt McCabe gave evidence to the tribunal today about a meeting he had with Supt Taylor at his home in September 2016.

Counsel for Supt Taylor, Tara Burns, told the tribunal that Supt Taylor denied saying to Sgt McCabe that Mr Callinan had created texts and sent them on.

She said the superintendent accepted that during a meeting with Sgt McCabe in 2016 he told him that there were a large number of texts sent by him to senior management in relation to Sgt McCabe.

However, Ms Burns said the superintendent did not accept that he had told Sgt McCabe that these messages were about the scurrilous rumours relating to a 2006 sexual abuse allegation against the whistleblower.

Sgt McCabe told the tribunal that Supt Taylor "100%" said to him that Mr Callinan had compiled all the text messages, and sent them to the superintendent to be forwarded to others.

Sgt McCabe also said that Supt Taylor absolutely said he had sent hundreds of text messages in relation to malicious rumours about him.

Lawyers for Supt Taylor told the tribunal that he maintained that the reference was in relation to another matter.

Ms Burns said there was a dispute between Supt Taylor and Sgt McCabe as to what happened at the meeting.

The garda whistleblower was also asked about his evidence that Supt Taylor had referred to former commissioner Nóirín O'Sullivan as "the pusher" during the meeting, and said she had known all about the alleged smear campaign.

The tribunal heard that Supt Taylor denies that he used that phrase about Ms O'Sullivan in relation to information that was being passed on about Sgt McCabe.

It was also told that Supt Taylor's position was that Ms O'Sullivan knew what was going on in relation to the dissemination of information about Sgt McCabe.

Yesterday, the tribunal heard that in his protected disclosure Supt Taylor said negative information about Sgt McCabe was spread by word of mouth, and not by text or email.


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Superintendent Dave Taylor

McCabe questioned over RTÉ reports

Sgt McCabe was also questioned by RTÉ's lawyer, Sean Gillane, about a broadcast by Crime Correspondent Paul Reynolds on 24 February 2014.

Mr Reynolds reported that Mr Callinan said Sgt McCabe had refused to cooperate with the O'Mahony investigation of the sergeant's highlighting of the quashing of penalty points.

Sgt McCabe said yesterday that was not true, as he had not been asked to cooperate.

Mr Gillane said the report was first broadcast at 5pm that day and Mr Reynolds had tried to contact him beforehand.

He spoke to Sgt McCabe that evening looking for a response, but Sgt McCabe gave a statement to RTÉ Prime Time, which broadcast it in full.

Sgt McCabe agreed this demolished the suggestion that he had refused to cooperate.

The tribunal also heard that Mr Reynolds reported on the statement the next morning.

He was also questioned about a series of broadcasts on RTÉ on 9 May 2016 reporting on a leak of the O'Higgins Commission report.

Sgt McCabe agreed that several other media outlets had previously published some details from the report. 

However, he said that when he heard the broadcast on RTÉ’s Morning Ireland, he thought it was nasty and awful.

Mr Gillane put it to Sgt McCabe that he was particularly upset with the use of the word "lie" and Sgt McCabe agreed.

Mr Gillane said he was entitled to his upset and his opinion, and there was no suggestion that was not genuine.

Mr Gillane took the sergeant through the details of the Morning Ireland report, saying each of Sgt McCabe's complaints was dealt with separately and Mr Reynolds stated that he was correct on many of them. 

He said that on the "lie", Mr Reynolds quoted the terminology in the O'Higgins report on the use of word "untruth".

Mr Gillane said that Mr Reynolds also said the O'Higgins report found the sergeant's concerns were genuine and legitimate and he was a dedicated member of An Garda Síochána.

The tribunal heard that Sgt McCabe rang RTÉ and spoke to Chief News Editor Ray Burke, who said he would check it out.

Mr Burke rang him back and said RTÉ was standing over the report and also read out the relevant portion from O'Higgins.

Sgt McCabe replied that RTÉ would hear from his solicitors.

The sergeant was also taken through the detail of several other RTÉ reports that day.

Mr Justice Peter Charleton asked what RTÉ's response was to the terms of reference that the broadcast was influenced by Ms O’Sullivan.

Mr Gillane said that was rejected.

Callinan disputes account of meeting

The tribunal has heard that the Fianna Fáil TD John McGuinness mostly agrees with Sgt McCabe's account of their conversation in May 2016.

Yesterday, the tribunal heard Sgt McCabe was told that former garda commissioner Martin Callinan told Mr McGuinness that Sgt McCabe had abused his own children and his nieces, and was not to be trusted.

Mr McGuinness will say that Mr Callinan told him Sgt McCabe had abused his children and his nieces.

Lawyers for Mr McGuinness told the tribunal that the politician says he did not use the phrase "all of his children".

It is understood that Mr Callinan disputes the account of the meeting.

Earlier, lawyers for Tusla told the tribunal that the Child and Family Agency wanted to apologise again to Sgt McCabe for the errors that the agency made in relation to a file that was created on the sergeant containing a false allegation.

Sgt McCabe said that he accepted the apology and appreciated it.

McCabe asked about yesterday's evidence

During cross-examination by lawyers for gardaí and the former garda commissioners, Sgt McCabe was asked about evidence he gave yesterday that suggested a ratcheting up of his allegations to serious complaints against senior officers in 2012.

Responding, Sgt McCabe referred to the circular letter sent to gardaí in Cavan/Monaghan following the Byrne McGinn report, which congratulated members in Bailieboro on their work and said there had been no systemic failures found in the district.

The tribunal was also shown a copy of correspondence sent to Sgt McCabe on 7 February 2008, which made reference to an issue the sergeant had raised about the dissemination of the Director of Public Prosecution's directions on a 2006 allegation against him.

Counsel for gardaí Shane Murphy put it to Sgt McCabe that the letter suggested on the face of it was the sergeant who had raised the issue.

Yesterday, Sgt McCabe told the tribunal that he had written to Supt Michael Clancy detailing issues with the D family after the superintendent requested it, and that Sgt McCabe had been happy with the DPPs directions.

Sgt McCabe today said that there was a recording of a meeting between him and Supt Clancy relating to the issue that he was intending to provide to the tribunal.

The tribunal also heard that there was an error in Sgt McCabe's statement to the tribunal, which made reference to a claim that Sgt McCabe had to ask senior counsel for gardaí to stop shouting at him at the O'Higgins Commission.

In a letter issued to the tribunal yesterday, Sgt McCabe's lawyers acknowledged that this comment was included in error. Sgt McCabe also apologised for the error.

McCabe says without recording he would 'have been in trouble'

Sgt McCabe has said he believes if he did not have a recording of a meeting in Mullingar in 2008, which emerged during the O'Higgins Commission hearings, he would have been in trouble.

The tribunal heard that Sgt McCabe provided the tape to the O'Higgins Commission after an error in a submission by the garda legal team to the inquiry suggested incorrectly that he had made a complaint about a senior officer to get something he wanted.

The tribunal has heard that the error was contained in a letter submitted by lawyers for then garda commissioner Nóirín O'Sullivan on 18 May 2015.

The tribunal has also heard that a report by Superintendent Noel Cunningham with a correct account of the Mullingar meeting was submitted to the commission at the same time.

This afternoon, lawyers for gardaí put it to Sgt McCabe that even if there was no tape, the commission would have had a correct version of the meeting from Supt Cunningham's report.

Sgt McCabe said he did not accept that. He said he accepted that Supt Cunningham's report of the meeting was correct.

However, Sgt McCabe said he had been cross-examined about the error contained in the letter, and it was after that that he had searched for the recording and handed it in to the commission.

He said that he believed that if he did not have a tape recording of the meeting he was in trouble.

Sgt McCabe was also questioned about his remark that the floodgates opened following comments by former garda commissioner Martin Callinan at the Public Accounts Committee that the whistleblowers actions were disgusting.

Mr Murphy outlined complaints that Sgt McCabe had made about his treatment prior to the appearance by Mr Callinan at the PAC in January 2014.

Sgt McCabe told the tribunal that the issues he was facing stopped a year or so after he went to Mullingar Garda Station and that he started to get hassle again in late 2013.

In relation to the allegations he says were made by Supt Taylor, Sgt McCabe accepted that he did not have evidence for the allegations, he said he was just saying what Supt Taylor told him.

His lawyer, Michael McDowell, said it was evidence, as it was evidence of what he was told.

Mr Murphy also said that former commissioners Callinan and O'Sullivan both deny a role in an alleged smear campaign.

Supt Taylor's lawyer said he accepts that he discussed Pulse records with Sgt McCabe but he did not accept that he named any individual in Garda HQ who was monitoring Sgt McCabe's use of the system, and he was not aware of any such monitoring but was making an assumption.

McCabe shocked to hear integrity challenged

Under cross-examination by his own lawyer, Sgt McCabe said he was astonished at O'Higgins when he heard that his integrity was going to be challenged. He said he could not understand it.

He said it was clear that he was a trusted person as he was on the garda's professional standards unit and he was thanked for his work afterwards.

Mr McDowell also asked him about legal submissions made to the O'Higgins Commission in June 2015 on behalf of Ms O'Sullivan.

Sgt McCabe said he did not like it whatsoever when he read that he was a disaffected member, and he said that was not true. Mr McDowell said he was accused of this on the instructions of the garda commissioner.

On the O'Higgins Commission's report, Mr Justice Charleton said it made for shocking reading.

Mr McDowell also asked whether any other witness at the O'Higgins Commission was subjected to critical questioning about their motivation. Sgt McCabe replied no.

Sgt McCabe concluded his evidence to the tribunal this afternoon.

Mr Justice Charleton questioned Sgt McCabe about the tribunal's investigation into allegations of a smear campaign.

He asked him if he would appeal for anyone who had received negative text messages about him to come forward to the tribunal. Sgt McCabe said that he would.