Garda Ombudsman offices bugged

It was made public some time back (about 2 months ago) that Sgt McCabe was told he was not to access the Pulse system without permission from a senior Garda Officer and that he must apply in advance in writing for that permission explaining why he wanted to access the system.

I'm a bit surprised that Comm Callinan did not make his order about cooperation with the internal Garda internal inquiry into the whistleblowing allegations of wrongdoing within the force in writing, given that it was (reportedly) intended for the attention of all the members of that force. I know that that does NOT affect the legality (on the face of it) of a verbal order but; as the saying goes "something not in writing is not worth the paper it was written on", in terms of proving the actual wording of that order.

It is much better (and generally accepted legal-effect practice) to put such a legal order in writing so as to prevent "confusion" as to the order's wording, given that otherwise it would end up disseminated by word of mouth down through the ranks, and liable for mis-wording and mis-interpretation in the process. Verbal orders are generally issued person-specific on a one-to-one basis at local level, and given legal credence by being followed-up with a written order. Any person in a position of authority regularly dealing in legal issues in writing know's that to be a fact.

DominoDub wrote: »

RTE's Paul Reynolds is now clearly the PR dept of the an Garda

HUH

DominoDub wrote: »

RTE's Paul Reynolds is now clearly the PR dept of the an Garda

he always has been, totally biased.

timmy4u2 wrote: »

I'm confused

Any Garda worth his/her salt know's putting something in writing leave's no wriggle-room for the recipient, bu this can backfire on the issuing person. So.... I wonder about the reason for not it been put in writing. Seeing as how Sgt McCabe recorded the order being given to him, I think that he wanted there to be absolute clarity so's no-one could wriggle away by claiming mis-interpretation or incorrect wording in the onward transmission of Comm Callinan's oral "order" or directive (whatever term is being used to describe it). I'm assuming all the above in light of what's in the media about the "order". Hope that clarifies whet I mean :-)

Tipsy McSwagger wrote: »

I've only today had a serious look into this and it's astonishing what went on with the failure to convict vicious criminals and the guards setting up drug deals in order to gain promotions. One thing I don't understand is the dropping of penalty points? Was it just a cocky way of abusing power?

No, not a cocky way of abusing power. Just looking after the pals and the hierarchy.
The mal investigation of serious crime is one thing but what we have to focus on here is how they went out to destroy the whistleblowers.
They invented crimes to accuse them of, and disciplinary action to compound their suppresion of anybody who had the cheek to question them and then set out to discredit them amongst their colleagues and the public in general.

Whereas Michael Martin is keeping the pressure on Shatter is this not hypocrisy because this rot started with John ODonoghues speeding car way back in 2000 or was it 2001.
Fianna Fail did nothing to address the fall out of that issue.

In fact in order to get to the Garda that they fingered as the whistleblower they utilised a Superintendent John O'connor who was transfered out of Donegal in anticipation of a damning conclusion from the Baron tribunal; yes the same Superintendent O'Connor who was singled out by Barron as the main instigator of all that happned in Donegal and who was forced to retire as a result.
That Garda was subjected to constant harassment and on one occasion when he returned from Dublin unannounced at midnight his wife and himself were ambushed by hooded Gardai that they found exiting from the rear of their home with a large holdall.
The same thing happened to a Garda in Donegal. Her home was broken into.

Later the Garda found a number of files had been removed from his home.

As with Shatter the then Minister for Justice was handed a dossier by John Cregan the then Deputy Chief Whip.
Martin did not bring this matter up, did he.
What did Aherne do with it? He binned it.

Tipsy McSwagger wrote: »

Why was McGrath let out on bail twice? These were vicious, sexually motivated crimes that should have seen bail denied followed by a hefty prison sentence. Who rang the woman taxi driver telling her not to show up for court (who she was later told was Sergeant McCabe). Did McGrath know something?

Or who did his parents know?

To qualify my post at 1305 here
http://www.boards.ie/vbulletin/showpost.php?p=89191419&postcount=1305

Following publication of the first interim report, corrupt detective Noel McMahon resigned. Two other senior gardaí, Chief Superintendent Denis Fitzpatrick and Superintendent John P O’Connor, also resigned after meeting the Garda commissioner to discuss the report, which found they had been negligent. The Cabinet fired Superintendent Lennon last October.

Did it make any observations about the Garda leadership?

Senior management both in Donegal and Dublin failed to ask the most basic of questions, which would have uncovered the hoaxes being perpetrated under their noses.

What Gardaí were named as corrupt, or grossly negligent or grossly incompetent in the first module?

Morris found Kevin Lennon and Noel McMahon were corrupt in planting bogus explosives.

Lennon’s bosses, former Chief Supt Sean Ginty and Supt John P O’Connor were grossly negligent,

Source
Gerard Cunningham, Morris for dummies
http://faduda.net/articles/tribunals/morris-tribunal-for-dummies/

So where was C/Supt Ginty stationed before he was transferred to Donegal
TRALEE OF COURSE
And where was Supt John O'Connor sent out to grass awaiting the outcome of the Morris
He was sent to TRALEE.

And John O'Donoghue who was Minister for Justice, (later mcdowell)Supt O'Connor was vulnerable and at the mercy of the said Minister as regards his career or indeed criminal charges and when he should have been only licking stamps he was sent to investigate the Garda who had shopped his ultimate boss and in whose hands his destiny lay.

Are you getting the message.?
This issue with whistleblowers did not start in 2014 or 2008 it started well before that as outlined.
And these corrupt practises did not begin with the penalty points issues though penalty points were not introduced when John O'Donoghues car was finally stopped.
The charges recommended by the Garda in that instance were that of Dangerous Driving over a number of townlands and failing to stop.
Our journalists are great for posting fly-by-night headlines but are sadly wanting in carrying out proper investigative journalism and seeing it through.

Alan seem's to have been very astute in naming names of those who've handled Maurice McCabe's complaints in the past, how most seem to have been complaints about how complaints were dealt with. He used what's on file in the Dept in connection with Sgt McCabe's legal team wisely to put it (or it's client) as being un-cooperative in making documents free from privilege to allow the requested complaint-investigation to proceed. One thing I did hear was how he described Comm Callinan's communication to Sgt McCabe on meeting the Asst Comm investigating complaints; Alan called it an invitation. That's a fair bit different from an order or directive.

Having heard mention of Sgt McCabe having a legal team doing legal letter-work for him, I can think that they might also have been in direct contact with Comm Callinan or anyone within an Garda Siochana sending "invitations" or anything else in writing to Sgt McCabe. I'm waiting to hear if there was any letters to the Sgt or his team about the Gardai having a Force Doctor give him a medical ref his illness, as it was affecting his ability to work and maybe even meet with the requested investigation. I'm waiting for leaks or Dail relevations about any letters Sgt McCabe sent to the GSOC.

Apart from the above, I'm going to keep my ammo dry and await more relevations.

aloyisious wrote: »

Alan seem's to have been very astute in naming names of those who've handled Maurice McCabe's complaints in the past, how most seem to have been complaints about how complaints were dealt with. He used what's on file in the Dept in connection with Sgt McCabe's legal team wisely to put it (or it's client) as being un-cooperative in making documents free from privilege to allow the requested complaint-investigation to proceed. One thing I did hear was how he described Comm Callinan's communication to Sgt McCabe on meeting the Asst Comm investigating complaints; Alan called it an invitation. That's a fair bit different from an order or directive.

Having heard mention of Sgt McCabe having a legal team doing legal letter-work for him, I can think that they might also have been in direct contact with Comm Callinan or anyone within an Garda Siochana sending "invitations" or anything else in writing to Sgt McCabe. I'm waiting to hear if there was any letters to the Sgt or his team about the Gardai having a Force Doctor give him a medical ref his illness, as it was affecting his ability to work and maybe even meet with the requested investigation. I'm waiting for leaks or Dail relevations about any letters Sgt McCabe sent to the GSOC.

Apart from the above, I'm going to keep my ammo dry and await more relevations.

Ah come on, fire the ammo.
As regards the Garda Chief Medical Officer. That is another matter entirely worthy of a thread of its own.
Let me relate a story to you about how the Gardai use their medical guys.

A certain guy was arrested for drunken driving/excess alcohol. The Garda who was driving the Patrol Car had suffered an injury-patrol car rammed by a lorry-and he was on certified sick leave.
The defendant knew this and decided to say that the injured Garda wasvthe Garda who arrested him.
Case was adjourned and adjourned and the Garda persuaded his doctor to give him a cert allowing him to attend court.

He turned up in court and this caused untold panic in the Superintendent and the State Solicitor.
They asked for an adjournment stating to the judge that "a surprise development" had taken place.
When the Garda asked the State Solicitor what the surprise development was he replied "you"
Move on a few months and the case is up again. The Garda indicates he will be allowed attend.
What happens:He receives a direction that he is to attend at a Chief Medical Officers appointment in Dublin on the same day and if he does not his pay will efectively be stopped.

He decides that he had better attend at Dublin and obtains a certificate from his Doctor that he has to attend the Dublin appointment and could not attend the Court.
At the court the Superintendent, Frankie O'Brien, tells the Judge that the Garda has not attended Court and he does not know why.
He suggests to the Judge that he has means and ways of getting the Garda to Court.

The Judge asks if he was suggesting a warrant. The judge then issues a warrant.
The Garda had to expend €1000 to get a solicitor to go to the Judge to tell the facts and get the order vacated.

Move on two months. The case is listed for Limerick Circuit Court.
You guessed it the Garda received another notification that he was to attend a Medical Officer in Dublin on the date of the court.

But once bitten twice shy the Garda went to the court.
You may find it unbelievable but it is true and in the public domain.

I post that story to show what they are capable of doing and how they gang together to achieve a solution to a problem and all in the understanding that they will not be brought to justice for it.
What has and is happening to Sgt McCabe is nothing new, it just happens to be in the limelight for a few weeks

aloyisious wrote: »

Jeez, and I thought Alan was not being "queensbury".

I think Alan's problem was naivety in that like most people he believed that those that climbed the ranks did so because they were super truthful and professional but now that he has made a big boo boo it is hard for him to select reverse withoutvthe lights coming on.

He would do very well if he stayed up tonight and read the Morris tribunal reports from cover to cover.
It might save him a lot of future embarrasment befor he is handed the time to read it from the back benches.