1 Opening Statement of Counsel for the Tribunal INTRODUCTION Sir, It
1 Opening Statement of Counsel for the Tribunal INTRODUCTION Sir, it is now my function to address you to deliver an opening statement on behalf of the Tribunal. I will be aided in this task by your other counsel, Mr Patrick Marrinan SC and Ms Kathleen Leader BL. The purpose of this is to outline in public the progress the tribunal is making in relation to the issues comprised in the terms of reference, an overview of the evidence and issues that have emerged so far, without drawing any conclusions in relation to those and to lay out, fairly I hope, the factual landscape that appears to be emerging. This is subject to all the evidence that will emerge in the course of the public hearings that you, sir, are about to embark on. Anything, therefore, that I or my colleagues say is subject to the evidence as it emerges and is tested, but also to the whole process that a tribunal must necessarily bring to bear in relation to that. I shall, as a matter of necessity and fairness, have to outline what is involved in such a process, albeit as briefly as I can. Scope of Inquiry and the Terms of Reference The scope of the tribunal’s inquiries have necessarily been defined and thereby limited by the terms of reference conferred on it by the resolutions of each of the Houses of the Oireachtas. These are set out below for convenience: [a] To investigate the allegation made in a Protected Disclosure under the Protected Disclosures Act 2014, on the 30th of September, 2016, by Superintendent David Taylor, wherein he alleges that he was instructed or directed by former Commissioner Martin Callinan and/or Deputy Commissioner Nóirín O’Sullivan, to contact the media to brief them negatively against Sergeant Maurice McCabe and in particular to brief the media that Sergeant McCabe was motivated by malice and revenge, that he was to encourage the media to write negatively about Sergeant McCabe, to the effect that his complaints had no substance, that the Gardaí had fully investigated his complaints and found no substance to his allegations and that he was driven by agendas.
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