Shatter brings Action to Challenge Guerin Report (Thread moved from After Hours)

Mr. Incognito

http://www.irishtimes.com/news/crime-and-law/courts/shatter-challenges-guerin-report-findings-in-high-court-1.1882564

Former minister for justice Alan Shatter has initiated a High Court challenge aimed at quashing certain findings of the Guerin report concerning Mr Shatter’s handling of claims by Garda whistleblower Maurice McCabe.

In his action, Mr Shatter alleges objective bias, absence of fair procedures and “indecent haste” on the part of senior counsel Sean Guerin in how he compiled his report and reached conclusions critical of the minister.

So the Minister sets up a reporting Barrister and because of the outrageous abuses committed on his watch where his department repeatedly ignored whistleblowers and instead of the ombudsmans office investigating they asked the Guards to investigate the complaints from the whistleblowers about the guards.

In a context where the Ombudsman's office wouldn't even respond to requests for information sending holding letters and finally a solicitors letter the day before the report was due.

Where the Minister sets the parameters and timeframe of the report, now after he resigns he runs to the Court to blame the timeframe and parameters and seeks to vilify the Barrister who delivered such an excellent objective, refreshing report.

This guy is living in a perpetual state of denial and ego where everything is everyone else's fault. The Ombudsman and the Guards were shown to be rotten and his office was shown to be ineffective. A new report yesterday confirmed that there is no strategic measurement and that there is a "silo culture" in the Department.

This is going to backfire badly.

Here is a serarchable link to the report. I would encourage anyone to read it. It's an eye-opener.

https://docs.google.com/file/d/0B2B2HUQaR5vwQ290UU5rNHJ2QWIyMEsxUVprSldVMVRySjB3/view?sle=true

K-9 wrote: »

Mod:

Thread moved from After Hours to the main Politics forum, the charter is [URL="[url=http://www.boards.ie/vbulletin/showthread.php?t=2056544373]here[/url]"][/url]here

Cee-Jay-Cee

I can see his point, guerin concluded the report without ever having spoken to or interviewed Shatter himself. It was rushed and incorrectly concluded. I can see shatter winning this case. I'm no fan of Shatter, in fact I can't stand him but I can't argue with his reasons for appealing the findings.

listermint

CJC999 wrote: »

I can see his point, guerin concluded the report without ever having spoken to or interviewed Shatter himself. It was rushed and incorrectly concluded. I can see shatter winning this case. I'm no fan of Shatter, in fact I can't stand him but I can't argue with his reasons for appealing the findings.

Why would he need to speak to shatter, when shatter said he never read anything continually blaming anyone and everyone else ?

Surely he was at fault.

I cant see his point, he is just trying to be kept on the radar. For what? I dont know. I would imagine the OPs synopsis is fairly accurate.

Banjo String

Callinan is gone.
Shatter is gone.
Purcell is gone.

One major player still standing, Enda Kenny.

I wonder will this eventually end up in Enda having to go?

Barely There

I'll be surprised if he doesn't win.

It seems very strange a report could be concluded about the then Minister for Justice without ever haven spoken to him or given him a right of reply during the whole process.

Mr. Incognito

CJC999 wrote: »

I can see his point, guerin concluded the report without ever having spoken to or interviewed Shatter himself. It was rushed and incorrectly concluded. I can see shatter winning this case. I'm no fan of Shatter, in fact I can't stand him but I can't argue with his reasons for appealing the findings.

I can see his point, guerin concluded the report without ever having spoken to or interviewed Shatter himself. It was rushed and incorrectly concluded. I can see shatter winning this case. I'm no fan of Shatter, in fact I can't stand him but I can't argue with his reasons for appealing the findings

The power of the Media is amazing to me. That's two people that are regurgitating shatters nonsense

The report was set up to investigate the allegations made by the whistleblowers and to see if there was any substance to them

It found that there was.

The Minister claimed that these matters were not brought to his attention and that is why Brian Purcell was sacked.

The Report was NOT set up to investigate Shatter.

Please read the report- it is linked above.

Dyr

Hell hath no fury like an egomaniac ignored

Muahahaha

Shatter must be seething, this reminds me of DoB trying to discredit the Moriarity tribunal. Shatter doesn't agree with the findings so he's taking action. What a load of tosh, he got found out as an incompetent Minister- interviewing Shatter as part of the report wouldn't have negated his incompetence. He had thrown his lot in with Callinan and was backing him to the hilt. Speaking to Shatter as part of the report doesn't change his actions in all this.

I must say that I find it ironic that Shatter didn't raise an eyebrow when Maurice McCabe wasn't interviewd by the initial internal Garda report, conducted by Assitant Comm. Mahoney. McCabe was livid about it at the time that an internal investigation into his allegations of Garda malpractice wasn't even going to speak to him as the primary complainant. All that didn't seem to bother Shatter too much but now that the boot is on the other foot he is taking High Court action against it. So it's unfair when it happens to Alan Shatter but it's not unfair when it happens to Maurice McCabe is the clear message that Shatter is putting out.

K-9

Mod:

Thread moved from After Hours to the main Politics forum, the charter is [URL="[url=http://www.boards.ie/vbulletin/showthread.php?t=2056544373]here[/url]"][/url]here

gizmo555

CJC999 wrote: »

It was rushed . . .

In his terms of reference, Guerin was given eight weeks by the government to conduct his investigation and produce his report. Presumably Shatter had some input into setting this timescale.

mikeyjames9

shatter is the turd that won't flush

he'll have something else up his sleeve
if this challenge fails

Godge

Mr. Incognito wrote: »

The power of the Media is amazing to me. That's two people that are regurgitating shatters nonsense

The report was set up to investigate the allegations made by the whistleblowers and to see if there was any substance to them

It found that there was.

The Minister claimed that these matters were not brought to his attention and that is why Brian Purcell was sacked.

The Report was NOT set up to investigate Shatter.

Please read the report- it is linked above.

"any other relevant entity or public body" in 5 and 6 of the terms of reference would include Alan Shatter as Minister. You are correct that it was not set up to investigate Shatter but you are wrong insofar as it allowed Guerin to investigate Shatter if he so wished and that is what Guerin did which is why Guerin has a problem now.

Paragraph 19.103 (and others) make direct findings in relation to the Minister making his position untenable.

If the Minister was not interviewed and if he had relevant views and comments to make that should have been taken into account before those conclusions were reached, then the process was seriously flawed and the conclusions are not tenable. That is the way the law works and in this scenario, Shatter may well have a very good case. I would not be surprised at all if he wins.

petronius

Shatter should be expelled from Fine Gael -
He discredited the Dept. of Justice and the Gardai
He had to "resign" due to his inept and mismanagement of the dept.
He took the money (donated it ok..) but this parachute payment was abolished which he supported yet due to it not being signed he could take it and smugly look into the camera
Now this clown is suing effectively the government which he is a party member of ....
He should be got rid of by FG...

Fr. Ned

petronius wrote: »

Shatter should be expelled from Fine Gael -
He discredited the Dept. of Justice and the Gardai
He had to "resign" due to his inept and mismanagement of the dept.
He took the money (donated it ok..) but this parachute payment was abolished which he supported yet due to it not being signed he could take it and smugly look into the camera
Now this clown is suing effectively the government which he is a party member of ....
He should be got rid of by FG...

Why?
He's perfect for FG.;)
Arrogant, self centred, delusional and a master of the smear tactic to suit his own agenda.
Perfect blueshirt material.