One of the barristers who represented Nóirín O'Sullivan at the O'Higgins Commission has said he was concerned when the word "integrity" was used in connection with whistleblower Sergeant Maurice McCabe during discussion about their legal strategy.
However, Michael MacNamee, who was a junior counsel at the commission, said he did not feel it was appropriate to intervene when it emerged on 15 May 2015.
Mr MacNamee is giving evidence at the Disclosures Tribunal, which is examining whether or not Ms O'Sullivan, the then garda commissioner, inappropriately relied on unjustified grounds to discredit Sgt McCabe at the commission.
Asked about whether he discussed his concern over the word integrity with Senior Counsel Colm Smyth, Mr MacNamee said that an exercise to draft a letter to the commission was occupying his mind that evening.
Mr MacNamee said he was apprehensive about the term integrity, which he said was first introduced by Judge O'Higgins.
Michael McDowell, Counsel for Sgt McCabe, asked him if the issue of integrity conformed with the green light his team had got from the garda commissioner to challenge Sgt McCabe's motivation.
Mr MacNamee said it would have been easier if the word "integrity" had not emerged in the debate.
The tribunal heard that Mr MacNamee was involved in drafting the letter submitted to the legal team on 18 May 2015, which contained an error, suggesting incorrectly that Sgt McCabe had made a complaint against a senior officer to get something he wanted.
Mr MacNamee said he took notes of instructions from Superintendent Noel Cunningham and Chief Superintendent Colm Rooney and later transcribed a manuscript, which was circulated by email.
Mr MacNamee said he got feedback on the draft from both officers, as well as Chief Superintendent Michael Clancy, by email.
The tribunal heard that on the day the letter was submitted to the O'Higgins Commission on 18 May 2015, the commission also received another document - a report by Superintendent Cunningham of a meeting in 2008 in Mullingar with Sgt McCabe - which contradicted the inaccuracy in the legal team's letter.
Mr MacNamee said he did not get a copy of that report.
Mr MacNamee said he was disappointed when the error came to light at the commission in June 2015, and was anxious to have it put right.
However, he said by the time the mistake emerged the issue was off the table and not occupying their minds, as they were getting on with subsequent modules of the inquiry.
O'Sullivan's lawyer says he 'did not attack' McCabe
Earlier, the lawyer for former Ms O'Sullivan at the O'Higgins Commission said that his conscience is clear in relation to the treatment of Sgt McCabe at the private inquiry.
Colm Smyth told the Disclosures Tribunal that he probed the sergeant but he said he did not attack him.
He said he acted in the best interests of his clients despite the personal consequences.
Mr McDowell said that the sergeant had become "visibly upset" during the commission's hearings.
Mr Smyth said he accepted that Sgt McCabe had become upset but, he said, he did not accept that it was as a result of anything he had said.
Mr Smyth said he knew Sgt McCabe had been under strain but it was never his intention to cause any upset to him.
He said that Mr Justice Kevin O'Higgins would not have allowed any kind of oppression or bad behaviour by counsel.
Mr Smyth also said that a letter submitted to the O'Higgins Commission on 18 May 2015, which contained an error, was done on the instructions of his clients other than Ms O'Sullivan.
He said it was not a mistake of counsel or a clerical error and he said he was left in no doubt about it.
However, he said he had to be very careful of what he could say as not all his garda clients have waived legal privilege.
Mr Smyth said it became patently obvious that a serious mistake had been made but he said they had to act in good faith and on proper sound instructions.
The tribunal has heard that the error in the letter incorrectly accused Sgt McCabe of blackmailing a colleague with complaints in order to get something he wanted.
