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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.
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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.
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Between the GSOC affair and the McCabe dossier, if there was no cover up going on, then 3 months out from the local elections this government should be falling over themselves to be seen to spearhead the push for an open and independent investigation into all of these matters.
Instead, we have a ‘review’ and an investigation into whenther an investigation is needed.
It stinks, and the damage it has done to public perception of our institutions of law and order for the sake of protecting the minister and commissioner is truly sickening.
correct cos the people of ireland sat back and let it all happen instead of demanding justice and the right thing be done!! shame on us all for continually giving these corrupt fcukers a free pass to keep screwing the good left in the country!!!!!!!!!!!!!!!!!!!!!
‘Whether it is considered desirable in the public interest for the Government to establish a commission of investigation’. These words kinda sum up the get out clause. Whitewash, I’ve heard there is quite an abundance around Merrion Square
carry on as normal lads cos we’re never going to say enough is enough, get as powerful and dirty as ye like, don’t even bother to hide it anymore cos we all know what’s going on, tis great craic, please sir, can i have some more!!
Maurice Mc Cabe for President as he is the only one with integrity. The commissioner has no place to go. Why is it in Ireland nobody resigns? I bet he may retire soon and ride off with both satchels full of cash. If he were fired he may even face prosecution. Shatter could face the same but I doubt it.
Interesting to note Shatter will not be interviewed. From statements he has made to the Dail and in public I would have thought he has all the facts and figures to help this investigation….
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