Charleton Tribunal chairman warns against posting photos from mobiles at inquiry

The chairman of the Disclosures Tribunal has warned journalists and members of the public against posting photographs taken on mobile phones at the inquiry.

Charleton Tribunal chairman warns against posting photos from mobiles at inquiry

The chairman of the Disclosures Tribunal has warned journalists and members of the public against posting photographs taken on mobile phones at the inquiry, writes Gerard Cunningham.

Mr Justice Peter Charleton was speaking after a photo taken on a mobile phone of a document which was shown on a computer screen was posted online on Monday. The document made a derogatory reference to former garda John Wilson.

"I have no reason to believe that John Wilson is anything other than a person of exemplary character," Mr Justice Charleton said at the tribunal.

He said that although the reference to Mr Wilson had appeared on a screen, tribunal counsel had not referred to it and there was no mention of Mr Wilson in the transcripts. Mr Wilson is not a subject of the tribunal’s terms of reference.

Mr Justice Charleton said that images should not be posted online, and mobile phones should not be used to record them at the tribunal.

In the current module the tribunal is looking at whether false allegations of sexual abuse or any other unjustified grounds were inappropriately relied upon by then Garda Commissioner Noirin O’Sullivan to discredit whistleblower Sgt Maurice McCabe at the Commission of Investigation chaired by Mr Justice Kevin O’Higgins in 2015.

Solicitor Annmarie Ryan from the Chief State Solicitor’s Office told the tribunal that the phrase "Political Dynamite!!" in a memo she recorded on the second day of the Commission’s hearings on 15 May 2015 were her words.

At the 2015 inquiry, counsel for the garda commissioner Colm Smyth SC said his instructions were to challenge Sgt McCabe’s credibility and motivation.

Ms Ryan said that during a break while Mr Smyth sought confirmation of his instructions, Chief Supt Fergus Healy told her that Commissioner O’Sullivan was aware of the instructions and had given the go-ahead.

Ms Ryan said she was conscious that she had not spoken to the garda commissioner, and did not have instructions in writing from her on the issue.

Six months later on 20 October 2015, when Commissioner O’Sullivan was due to give evidence before the commission of inquiry, a meeting was held in the Bridewell. Ms Ryan said that it was expected that the commissioner would be questioned about her instructions to challenge Sgt McCabe’s motivation, but in the event, this did not happen.

"We were actually surprised in the end there was no questioning in relation to motivation when Commissioner O’Sullivan took the stand to give evidence," Ms Ryan said.

"We anticipated that Sgt McCabe’s legal team were going to raise this during Commissioner O’Sullivan’s evidence, and it did not happen."

The tribunal continues.

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