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Criminal lawyer to interview McCabe over garda misconduct claims

Seán Guerin is tasked with examining the whistleblower’s claims that gardaí mishandled a number of cases.

THE GOVERNMENT HAS this evening released the terms of reference for criminal lawyer Seán Guerin’s inquiry into allegations of garda misconduct made by whistleblower Maurice McCabe with the aim of concluding the investigation within eight weeks.

McCabe claims a number of cases were mishandled by gardaí and that Justice Minister Alan Shatter was aware of this.

Guerin is to conduct an independent examination of the cases to see if there are grounds for the establishment of an Commission of Investigation.

The terms of reference published this evening are as follows:

  • To conduct an independent review and undertake a thorough examination of the action taken by An Garda Síochána pertaining to certain allegations of grave deficiencies in the investigation and prosecution of crimes, in the County of Cavan and elsewhere, made by Sergeant Maurice McCabe as specified in:

a) the dossier compiled by Sgt Maurice McCabe and furnished to An Taoiseach on the 19th February 2014 and

b) the letter understood to be from Sgt Maurice McCabe to the Confidential Recipient, Mr Oliver Connolly, dated 23 January 2012 , part of which was furnished to An Taoiseach on the 21st day of February 2014.

  • To interview Sgt Maurice McCabe and any other such person as may be considered necessary and capable of providing relevant and material assistance to this review in relation to the aforesaid allegations and to receive and consider any relevant documentation that may be provided by Sergeant McCabe or such other person.
  • To examine all documentation and data held by An Garda Síochána, the Department of Justice and Equality, and any other entity or public body as is deemed relevant to the allegations set out in the documents at 1(a) and (b) above.
  • To communicate with An Garda Síochána and any other relevant entity or public body in relation to any relevant documentation and information and to examine what steps, if any, have been taken by them, to investigate and resolve the allegations and complaints contained in the documentation referenced at 1(a) and (b) above.
  • To review the adequacy of any investigation or inquiry instigated by An Garda Síochána or any other relevant entity or public body into the incidents and events arising from the papers furnished at 1(a), 1(b) and 2 above.
  • To consider if, taking into account relevant criminal, civil and disciplinary aspects, there is a sufficient basis for concern as to whether all appropriate steps were taken by An Garda Síochána or any other relevant entity or public body to investigate and address the specified complaints.
  • To advise, arising from this review, what further measures, if any, are warranted in order to address public concerns including whether it is considered desirable in the public interest for the Government to establish a Commission of Investigation pursuant to the Commissions of Investigation Act 2004 and, if so, the matters to be investigated .
  • At the conclusion of the aforesaid review, within eight weeks of 27th February, 2014 or so soon as may be thereafter, to deliver a Report to An Taoiseach on the matters set out at 1, 5, 6, and 7 above.

The government said today these terms were agreed on the advice of the Attorney General.

Read: ‘Experienced criminal lawyer’ to examine garda whistleblower’s dossier of allegations>

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16 Comments
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    Mute Shane Gleeson
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    Feb 23rd 2012, 8:17 AM

    Cut the ridiculous salaries!

    130
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    Mute Winston
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    Feb 23rd 2012, 8:44 AM

    Fully agree… What other broadcaster on this island would pay some of those inflated salaries?

    74
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    Mute Martin Hughes
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    Feb 23rd 2012, 8:34 AM

    How come TV3 can operate without any licence fee? I think their programs are getting better and they are doing it without the licence fee. Where is the licence fee money going in RTE? Fair Poxy City and towards the Plank, Tubs, doom duffys etc salaries?

    70
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    Mute James Humphreys
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    Feb 23rd 2012, 11:04 AM

    As far as I can remember TV3 getting some money from the licence fee. The money that goes to BAI for the Sound a Vision fund, TV3 is getting some of that for its documentaries.

    6
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    Mute Celly O'Brien
    Favourite Celly O'Brien
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    Feb 23rd 2012, 8:30 AM

    Gee imagine a state funded megalith actually expected to operate in budget noooo waaay : )

    64
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    Mute Stefan Greggorious
    Favourite Stefan Greggorious
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    Feb 23rd 2012, 8:49 AM

    Heres what I dont understand.

    Pat Kenny, paid in excess of 500k. Personally I like listening to his show the odd time and I think he’s a master of his craft with regard interrogation of politicians ala Frontline (we’ll take as a given the Late Late was a disaster for the chap).

    That said, his salary is sickeningly enourmous. I always ask the question, what if his contract was not renewed by RTE? (yes he’s a contractor and not an RTE employee). What would he do, Get snapped up by the competition? TV3 is just about keeping it’s head above water.

    Anyone would think RTE beleive they’d lose ‘talent’ if they didnt offer the ridiculous salaries they do.

    60
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    Mute Adam Sheridan
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    Feb 23rd 2012, 8:15 AM

    That’s an absolute disgrace!
    If they had good programmes on the station but the fact that they don’t.

    54
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    Mute Elizabeth Dunne
    Favourite Elizabeth Dunne
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    Feb 23rd 2012, 9:11 AM

    RTE should be brought to its over paid knees, however it won’t be. It’s a public broadcaster full of overpaid, unionised wasters. It’s the HSE of media. And sending Pet Rabbitte in to tackle it is like pitting Thomas the Tank Engine against Percy or Emily or Gordon. The choo choo gravy train continues…..

    53
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    Mute Gill Jones
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    Feb 23rd 2012, 10:13 AM

    Comment if the week!! +1

    10
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    Mute Rodger O Waters
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    Feb 23rd 2012, 8:23 AM

    Sell it off,there’s a fool out there somewhere.

    51
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    Mute Peter Carroll
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    Feb 23rd 2012, 8:34 AM

    What a novel idea, the tax payer must get value for money. Any chance of applying that pronciple to other government departments and agencies?

    I would like to put Rabbitte up for a “Stateing the bleedin’ obvious award”. Of course the BBC has vastly more resources than RTE. It serves 16 times the population, and, as an international news gatherer and broadcaster is able to generate substantial sums from overseas sales.

    48
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    Mute Stephen Maher
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    Feb 23rd 2012, 9:30 AM

    Execute fair city.
    It’s a national embarrassment.

    42
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    Mute Sean Davids
    Favourite Sean Davids
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    Feb 23rd 2012, 9:49 AM

    How about the max salary at RTE is capped at €100,000. If they don’t like it they can go to England and get a job there.

    37
    Reg
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    Mute Reg
    Favourite Reg
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    Feb 23rd 2012, 9:37 AM

    Apparently staff (middle management) at RTE have taken a 5% pay cut over the last few years. Did they even notice it? They don’t live in the real world.

    22
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    Mute Eileen Gabbett
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    Feb 23rd 2012, 10:01 AM

    I used to like Pat Rabbitte.
    He was always witty and and outspoken .
    and now he is only a shadow of himself. I would love to know what
    is really going on and what these ministers are being told to keep them
    quiet and toeing the line.
    But Pat you have sadly lost your ability to stand for the people …
    Shame.

    20
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    Mute Stephen Maher
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    Feb 23rd 2012, 7:22 PM

    cheer up eileen, only 30 years to wait and we’ll all be able to read all about it in the papers.
    mind you, we’ll have to get our grandchildren to translate it from the German that it’ll be written in if we keep goin along the present course!!

    3
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    Mute Billygoatmuff
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    Feb 23rd 2012, 8:41 AM

    Increase the licence fee to clear the deficit, and add a bit more for the RTE Chrimbo party!

    19
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    Mute David Higgins
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    Feb 23rd 2012, 11:16 AM

    Abolish the licence fee!!!

    16
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    Mute Donna Walsh
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    Feb 23rd 2012, 12:27 PM

    Total agree.The only way that we can get the irish tv stations is through sky we live in the republic and we pay our licence for what service

    8
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    Mute Chris Mcdonnell
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    Feb 23rd 2012, 11:13 AM

    The sicken thing about these salaries is that because these people as not employees of rte and most set up as companies they pay very little tax.
    At least if pat Kenny and all the others paid and prsi we’d get a fair slice back

    13
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    Mute Stephen Maher
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    Feb 23rd 2012, 7:27 PM

    are you serious?!?!?!?!?!
    these guys don’t pay PAYE on all that dosh? it goes to “Pat the Plank plc.” or whatever???
    call me gullible, but that’s a new low if it’s true!!

    1
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    Mute Stefan Hanrahan
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    Feb 23rd 2012, 9:26 AM

    I think the pay is to high in fact I think we should look at creating a new generation of tv channels in Ireland. We should have a channel for each one of the provinces and split the rte budgets and reduce the salaries. That way we would create new talent and get more people working. It would also be much more democratic.
    Leinster tv (LTV)
    Munster tv (MTV
    Connaught tv (CTV)
    Ulster tv1 (UTV1) including all counties of ulster

    I also think that the BBC need to be taken to task for discriminating against the republic in their weather reports considering they are using the term British isles.
    In fact they should be including all countries of the British isles including Ireland north and south.
    Otherwise they should give the weather for the UK and northern Ireland only.
    However that might be a dangerous game considering Scotland might take flight then they would only have to include the weather for England Wales and northern Ireland.
    The 2006 census shows that there are 112548 British citizens living in Republic of Ireland I wonder what they think of a missing Dublin Cork Galway etc.
    We on the other hand could show we are the better man by giving the weather report for the UK & Ireland lol.
    Also we should have our tv signals connected with the European satellite programme so when we are on holiday in Spain or wherever we can watch the home channels how bloody difficult would this be.

    12
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    Mute Sean McNally
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    Feb 23rd 2012, 11:51 AM

    Watching the weather forecast for Northern Ireland is like watching the forecast for your back garden. It’s so small.

    4
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    Mute Mike Turner
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    Feb 23rd 2012, 11:55 AM

    One solution is to stop paying above and beyond for crap US series that are shown at 3am. Reduce the salaries of our “stars”. They arent going anywhere. Who’d employ them. Scrap Fairly Shitty. Scrap all non-essential programming and radio expenses. Hire someone with a huge stick!

    11
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    Mute Joe Mc Dermott
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    Feb 23rd 2012, 12:52 PM

    oops,, their’s pat kenny’s 500+ gone,, and ryan tubby’s too,, about bloody time

    9
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    Mute jimbo
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    Feb 23rd 2012, 2:06 PM

    if tv3 can survive so can rte,just cut the stupid salaries.

    8
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    Mute Sean McNally
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    Feb 23rd 2012, 11:53 AM

    Call me cynical, but I foresee a lot of good publicity coming the Government’s way from RTE.

    8
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    Mute Declan Flanagan
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    Feb 23rd 2012, 6:21 PM

    There is no such thing as a TV licence it is an RTE TAX,1.6million people pay it not because they want to but because they have to or they will end up in court fined or jailed,I blame the people for paying it get a million people on the streets demanding the government abolish it or reduce the Fee if RTE don’t produce decent programming but patetically it won’t happen RTE=GOVERNMENT GOVERNMENT=RTE the deficit is 25million and the evasion cost due to non payment is 30million hahahahahaha what a coincidence give Pet Rabbite an IFTA,have to go now The ANGELUS is about to start Ding Dong Ding Dong Ding Dong

    6
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    Mute B7584
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    Feb 23rd 2012, 12:17 PM

    Sell it or make it subscription based.

    6
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    Mute Francis Stokes
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    Feb 23rd 2012, 3:03 PM

    In my opinion the licence should be abolished and pay per view system be brought in.

    3
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    Mute Declan Flanagan
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    Feb 23rd 2012, 9:38 PM

    Ladies and Gentleman when you dip your hands into your pockets to pay 160euro for this think of your Esb gas home insurance and more importantly health insurance,imagine your health insurance premiums are going up but you lose 160euro to an rte tax which u are forced to pay with a threat of a custodial sentence hanging over you so you have to drop your health insurance or reduce your health plan,its the one tax I hate,FUCKING PRIVATISE RTE Its a parasitic organization bleeding the taxpayers dry and losing money,ill be delighted to see the back of it

    2
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    Mute Chris Mcdonnell
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    Feb 23rd 2012, 7:41 PM

    Sell 2fm for a start

    1
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    Mute Declan Flanagan
    Favourite Declan Flanagan
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    Feb 23rd 2012, 7:51 PM

    No Chris sell the whole damn thing not just 2FM

    1
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    Mute Stefan Hanrahan
    Favourite Stefan Hanrahan
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    Feb 23rd 2012, 4:44 PM

    BBC news breaking news
    4.5million dead in Ireland
    England discovered her neighbours were all dead this morning when she called in to see why things have been so quiet recently no moaning no whining from ireland.
    After sending in a state pathologist it was discovered the 4.5 million dead had naturally all died of boredom watching fairly shitty. Lol

    1
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