Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi there,
There is an issue with role permissions that is being worked on at the moment.
If you are having trouble with access or permissions on regional forums please post here to get access: https://www.boards.ie/discussion/2058365403/you-do-not-have-permission-for-that#latest

Disclosures Tribunal

  • 22-01-2018 1:48am
    #1
    Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭


    Is it OK to discuss the Disclosures Tribunal here? It's a tangental matter, not the direct focus of the tribunal or the principal parties. EDIT: the risk is that the discussion would expand.


Comments

  • Registered Users, Registered Users 2 Posts: 10,629 ✭✭✭✭Marcusm


    Victor wrote: »
    Is it OK to discuss the Disclosures Tribunal here? It's a tangental matter, not the direct focus of the tribunal or the principal parties. EDIT: the risk is that the discussion would expand.

    Why could it not be discussed; no jury so no one to influence!


  • Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    Mod
    Discuss away, for now. Be careful.


  • Registered Users, Registered Users 2 Posts: 9,798 ✭✭✭Mr. Incognito


    Its a public hearing

    I think it should be okay to discuss surely

    Reporting on priviledged proceedings attract priviledge in any event

    I would love a condenses centralised synopsis of the whole affair.

    So far as I can tell.

    Guerin Report 6 May 2014
    https://docs.google.com/file/d/0B2B2HUQaR5vwQ290UU5rNHJ2QWIyMEsxUVprSldVMVRySjB3/view

    (Has since been removed from Government Website but link above)

    This set out complaints of Mr McCabe of incidents in 2007 and further that he was investigated and discipline procedures were opened against him for the loss of evidence in 2013 in a case he was not working on.

    The report recommended further investigation

    The O Higgins Commission was set up in February 2015 to investigage these incidents

    http://www.justice.ie/en/JELR/Pages/the_ohiggins_commission_of_investigation

    It reported on 25th April 2016

    Now we have the Disclosures Tribunal

    I've read the Reports but it appears that a number of failings of citizens have been identified and it is being portrayed in the media as a matter regarding McCabe?


  • Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    Two things:

    1. It is reported that counsel asked former Commissioner O'Sullivan for instructions directly / via other gardaí. Should the instructions have come via a solicitor?

    https://www.independent.ie/irish-news/courts/i-acted-on-legal-advice-when-i-challenged-mccabes-credibility-osullivan-tells-disclosures-tribunal-36517095.html
    It has heard evidence that barristers representing Ms O’Sullivan sought her permission to query Sgt McCabe’s motivation and credibility after they received a background briefing at a legal consultation meeting on May 11, 2015.
    I've seen other quotes of this and none mentions a solicitor.

    2. Are some of the solicitors and barristers in previous matters, witnesses at the tribunal?

    Marcusm wrote: »
    Why could it not be discussed; no jury so no one to influence!
    It's a quasi-judicial hearing (indeed heard by a judge) that may have serious implications and people might come out with all sorts of comments and allegations.


  • Registered Users, Registered Users 2 Posts: 40,638 ✭✭✭✭ohnonotgmail


    Victor wrote: »
    Two things:

    1. It is reported that counsel asked former Commissioner O'Sullivan for instructions directly / via other gardaí. Should the instructions have come via a solicitor?

    https://www.independent.ie/irish-news/courts/i-acted-on-legal-advice-when-i-challenged-mccabes-credibility-osullivan-tells-disclosures-tribunal-36517095.html I've seen other quotes of this and none mentions a solicitor.

    2. Are some of the solicitors and barristers in previous matters, witnesses at the tribunal?


    It's a quasi-judicial hearing (indeed heard by a judge) that may have serious implications and people might come out with all sorts of comments and allegations.

    from reading the independent today a barrister (or barristers) who incorrectly drafted a letter around alleged complaints have been called as witness(es).


  • Advertisement
  • Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • Registered Users, Registered Users 2 Posts: 19,717 ✭✭✭✭Muahahaha


    This post has been deleted.



    I am not sure but I think not, only on the basis that the McCabe side does not appear to be calling Colm Smyth SC or any of the counsel who advised OSullivan to attack McCabes integrity at the OHiggins hearings. If they could call Colm Smyth then he could give evidence to the contrary of what OSullivan is making out to be the case, i.e. it was the barristers who made me do it


  • Registered Users, Registered Users 2 Posts: 8,779 ✭✭✭Carawaystick


    In a he said/she said case where a client gives testimony directly opposing what a barrister has stated to a say a commission of investigation on their behalf, and the client does not make a formal complaint to the Bar, can a tribunal infer things from such a decision by the client?


    Re Victors statement about "people might come out with all sorts of comments and allegations", Didn't Kevin Lynch do that in Tralee and there was no sanction...


  • Registered Users, Registered Users 2 Posts: 2,345 ✭✭✭NUTLEY BOY


    SNIP SNIP

    Re Victors statement about "people might come out with all sorts of comments and allegations", Didn't Kevin Lynch do that in Tralee and there was no sanction...

    Mr. Justice Lynch - Privilege ?


  • Registered Users, Registered Users 2 Posts: 2,345 ✭✭✭NUTLEY BOY


    I now miss Vincent Browne especially when he was on RTE Radio 1 during week nights. Was it not on his programme, years ago, that they did re-enactments - as distinct from dramatisations - of tribunal sessions ? That gave you a good flavour of what was going on and who was saying what.

    I did see a limited effort in similar vein last night on Primetime but it just wasn't the same. That said, there must be scope for imaginative reportage as you can avoid the boring bits and focus on what is relevant......


  • Advertisement
  • Registered Users, Registered Users 2 Posts: 10,629 ✭✭✭✭Marcusm


    This post has been deleted.

    Three of the barristers who represented O'SUllivan and the other senior gardai are scheduled to appear.


Advertisement