Former Garda press officer says smear campaign against Maurice McCabe was 'a flop'

The tribunal is examining allegations by Supt Taylor that he was directed by former garda commissioner Martin Callinan to brief the media negatively on Sgt McCabe. Mr Callinan denies this.

Supt Taylor was questioned by Anthony Thullier, representing journalist Michael O'Toole of the Irish Daily Star, who said that "if there was a smear campaign run by you it was spectacularly unsuccessful”.

"Well, you might say that," Supt Taylor said.

Chairman Mr Justice Peter Charleton said the tribunal had searched through newspapers, and it was "very hard to find anything negative" about Sgt McCabe. "Wasn't it a flop?" the chairman asked.

"I accept that," Supt Taylor said.

Supt Taylor alleges he was directed to brief journalists about a 2006 complaint from Miss D of historic abuse by Sgt McCabe. The DPP directed no prosecution in the case following a garda investigation, saying there was no evidence of a crime.

Rossa Fanning SC, on behalf of journalist Paul Williams, said that Mr Williams had been able to retrieve phone records from the two days when he had visited Miss D in March 2014 and these showed Mr Williams had not called Supt Taylor on either day.

Supt Taylor says that Mr Williams phoned him on a Saturday in early 2014 and said "Guess where I am" and told him he planned to write a story about Miss D.

Mr Fanning said that records for Supt Taylor's phone, already in the tribunal's possession, showed that the superintendent had not placed a phone call to Mr Williams on those days either.

Mr Fanning asked if Supt Taylor could identify a single specific occasion on which he briefed Mr Williams adversely about Maurice McCabe.

"They were opportunist; they presented themselves when they presented themselves," Supt Taylor said.

Mr Fanning said that Supt Taylor was "unfortunate" as he was in disagreement not just with Mr Williams but a number of other journalists.

RTE journalists John Burke and Paul Reynolds and Irish Star journalist Michael O'Toole, said they were not briefed negatively about Sgt McCabe.

In his evidence last year, Mr Williams said he was never negatively briefed except for "a throwaway remark" that the abuse allegation "was known in the Park".

"The only rational explanation is that your account is untrue and they are telling the truth," Mr Fanning said. Supt Taylor said he didn't accept that.

Mr Fanning said that Supt Taylor's evidence was almost devoid of specifics, adding: "once you attempt to commit to specifics, your evidence is seen to be false”.

"I'm here to give my evidence to the tribunal. It's up to the chairman to make a determination," Supt Taylor said.

Oisín Quinn SC, on behalf of the Irish Examiner, told the chairman that the fact he was not questioning Supt Taylor on behalf of journalists Cormac O'Keeffe, Juno McEnroe and Daniel McConnell should not be seen as an admission or denial of Supt Taylor's claims that they were given negative briefings.

Counsel said the reporters were asserting journalistic privilege.

The tribunal chairman said he did not understand what the claim of privilege was when Supt Taylor had said he was the source of briefings, and had asked for anyone to come forward who could help the tribunal.

The chairman also said that Juno McEnroe had written to the tribunal in April 2017 saying he believed he had no information relative to the terms of reference.

Mr Quinn said it could compromise the entitlement of journalists to maintain journalistic privilege, notwithstanding that an alleged source had waived privilege.

"There are very cogent reasons why the right of journalistic privilege still apply even when people come forward and say they were sources," Mr Quinn said.

Mr Quinn said the European Court of Human Rights had upheld the right of journalists not to waive privilege even where an alleged source came forward.

"It doesn't pierce or demolish the privilege just because an alleged source says I am waiving it," Mr Quinn said.

"There's any number of reasons why a source may claim to be a source," Mr Quinn said. "There are follow up questions that can create difficulty by revealing other potential sources.

Questioned by Micheál P O'Higgins for the garda commissioner, Supt Taylor said it was not his place to question a direction he was given by the garda commissioner.

Supt Taylor said that Mr Callinan "became deep frustrated, deeply despondent that only one side was coming out all the time" on the Sgt McCabe story.

Supt Taylor said the commissioner would have "robust exchanges" asking what was being done after newspaper or press reports.