skip to main content

12 applications for representation at Disclosures Tribunal

The sole member of the Disclosures Tribunal, Supreme Court Justice Peter Charleton
The sole member of the Disclosures Tribunal, Supreme Court Justice Peter Charleton

The tribunal set up to investigate an alleged smear campaign against garda whistleblower Sergeant Maurice McCabe has heard applications from 12 individuals or groups who want to be represented at the hearings of its first module.

The Disclosures Tribunal, chaired by Supreme Court Justice Peter Charleton, will examine allegations that senior gardaí were involved in a smear campaign against Sgt McCabe, among other issues.

This morning's hearing saw some difficult exchanges between lawyers representing media organisations and the tribunal chairman on the issue of the right of journalists to protect their sources.

The chairman has indicated he will issue his ruling on the representation applications on Monday.

Read: Full list of applicants for representation

This morning's sitting of the Disclosures Tribunal was solely to hear applications from those who wish to be represented at the tribunal's hearings.

The tribunal held its first public sitting in Dublin Castle at the end of last month

In his opening statement last month, Justice Charleton said the entitlement to be represented would be given to everyone whose reputation was reasonably likely to be adversely affected by the tribunal's report. 

Among those seeking representation were former garda commissioner Martin Callinan and current Commissioner Nóirín O'Sullivan.

Senior Counsel Conor Dignam said he would be representing them, along with other members and past members of An Garda Síochána, except for those seeking independent representation.

The tribunal chairman asked if Mr Dignam would be representing a number of Chief Superintendents and Assistant Commissioners who had been written to by the tribunal about statements they had made preceding the O'Higgins Commission of Investigation.

Mr Justice Charleton said statements made by these individuals that there was "no cause for concern" had been contradicted by the Commission.

Mr Dignam said it was likely he would be making further applications on behalf of these gardaí but he had not yet seen the letters sent by the tribunal, even though they were two weeks old.

He said there would be a liaison officer from An Garda Síochána dealing with the tribunal but he did not yet have the name of that person.

Lawyers for Sgt McCabe also sought representation.

Garda whistleblower Sergeant Maurice McCabe

Senior Counsel Michael McDowell said he may be objecting to the decision to have the Garda Commissioner and former commissioner as well as other members of the force represented by the same legal team because of a possible conflict of interest.

Mr McDowell said Sgt McCabe's team had a "deep concern" about this.

This position was echoed by lawyers for former garda press officer, Superintendent David Taylor, who also sought representation before the tribunal.

Former Minister for Justice Alan Shatter is seeking limited representation.

His solicitor Brian Gallagher said Mr Shatter wanted to be of assistance to the tribunal and had submitted a statement.

Lawyers for RTÉ also applied for limited representation for RTÉ and any employees who may be relevant to the tribunal's terms of reference.

Representation was also sought on behalf of the Child and Family Agency, Tusla, garda whistleblower Keith Harrison as well as the former chairman of the Public Accounts Committee Fianna Fáil TD, John McGuinness.

There was also an application for representation for a number of named gardaí - Sergeant Yvonne Martin, who the tribunal was told, had been named in the media as someone who made misrepresentations about what was said at a meeting involving Sgt McCabe.

Solicitor Michael Hegarty said he was also representing Sergeant Brigid McGowan, Inspector Goretti Sheridan and Sergeant David Durkan.

Lawyers for Associated Newspapers Limited, Independent News and Media and the Irish Times also sought representation.

Heated exchanges over journalistic privilege

But there were some heated exchanges between Justice Charleton and the lawyers over the issue of journalistic privilege.

Mr Justice Charleton said he was being asked to rule on the issue of journalistic privilege "in a vacuum" and the news organisations were refusing to say whether or not their journalists had any information that might be of relevance to the tribunal.

Lawyers for the news organisations said they could not answer the judge's question as to whether or not any of their journalists had been given so-called information by senior gardaí blackening Sgt McCabe's name, without "piercing the shield" of journalistic privilege and placing the journalists in a difficult situation in relation to revealing sources.

Justice Charleton said if journalists said they had such information but could not reveal their sources, then they could discuss it and he could make a ruling.

But he said he was being asked to try an issue based on a hypothesis.

Lawyers for INM and the Irish Times said they would reserve their applications for representation before the tribunal for the moment.

There were two further applications for representation which related to the second module of the tribunal which has been parked until the current module has been completed.

Last month, Justice Charleton said the entitlement to be represented would be given to everyone whose reputation was reasonably likely to be adversely affected by the tribunal's report.

He warned that legal representation should be tailored to how central the person represented was thought to be.

He said those represented would be given copies of, or the right to inspect witness statements or any other documents relevant to their reputation and would be able to cross examine witnesses.

He said parties would be entitled to make a written or oral submission, or both, at the end of the evidence.

Today's sitting is open to the public but permission has not been given to record or broadcast the proceedings.

The tribunal's terms of reference, published last month, say the inquiry is to report in nine month's time and provide an interim report to Government in three months.

It will have two modules. The first concerns the response of Garda Commissioner Noírín O'Sullivan and the former commissioner Martin Callinan and other senior gardaí to disclosures made by Sgt McCabe.

The second will deal with members of the force who made protected disclosures and whether they were mistreated as a result.

The tribunal has not yet announced when it will begin hearing evidence.