On the morning Garda Commissioner Nóirín O’Sullivan was due to give evidence to the O’Higgins Commission, Mr Justice O’Higgins sought clarification from her senior counsel that his “instructions at all times were to challenge the motivation and credibility of Sgt McCabe”.
RTÉ reported that Colm Smyth SC said it was an error on his part when he had earlier stated he was instructed to challenge Sgt McCabe’s “integrity”.
In excerpts from the transcript of days two and three of the O'Higgins inquiry, printed in the Irish Examiner on Wednesday, Mr Smyth said he was instructed by Ms O'Sullivan to challenge the integrity of Sergeant Maurice McCabe.
“My instructions are to challenge the integrity certainly of Sergeant McCabe and his motivation,” Mr Smyth said.
A portion of the transcript shows Mr Justice O’Higgins seeking clarification from Mr Smyth on his instructions from Ms O’Sullivan.
Mr Smyth added that he would be challenging Sgt McCabe’s “motivation and his credibility in mounting these allegation of corruption and malpractice”.
He continued to say: “I mean this isn’t something that I am pulling out of the sky, Judge, and I mean I can only act on instructions.”
The exchanges continue: “Mr Justice Higgins: Yes. It seems unless I am mistaken, Mr Smyth, that your case is that in relation to the matters under investigation subject only perhaps to matters to deal with general staffing levels, the condition of the Garda station in Bailieboro that most of the matters deal with factual issues and you are saying that Garda McCabe’s complaints on your instruction are motivated, that they are not properly motivated, that they are not genuine, that they are done for improper motives.
“Mr Smyth: whatever the reasons are for it on his side and it runs right through all of the-
“Mr Justice O’Higgins: But you are attacking his motivation and you attacking his integrity.
“Mr Smyth: right the way through.
“Mr Justice Higgins: Full stop.
“Mr Smyth: Yes, full stop.”