Shatter launches legal challenge over Guerin report

The former minister for justice, Alan Shatter, has begun legal challenge aimed at quashing some findings of the Guerin report over Mr Shatter’s handling of claims by Garda whistleblower and Cavanman Maurice McCabe.

Mr Shatter alleges 'objective bias, absence of fair procedures' and 'indecent haste' against senior counsel Sean Guerin about how he compiled his report, which was critical of the then minister.

Mr Shatter resigned following publication of the report in May, in which his handling of Sgt McCabe’s claims of garda malpractice was strongly criticised.

Mr Shatter says he should have been interviewed before the report reached his conclusions because it affected his career and reputation.

Had he been interviewed, Mr Shatter said that would have shown he had not deferred to the former Garda Commissioner Martin Callinan’s view about the allegations by Sgt McCabe.

In the High Court this morning, reports The Irish Times, Patrick O’Reilly SC, for Mr Shatter, secured leave to bring a judicial review against Mr Guerin for orders quashing various findings in the report.

Among various claims, it is alleged the report was compiled in breach of principles of natural and constitutional justice and fair procedures. He has also alleged objective bias on the part of Mr Guerin.

It is also alleged, the terms of reference for the report did not entitle Mr Guerin to reach the conclusions he had and that there was failure to consider all the relevant documents, including documents from Mr Shatter and the Garda ombudsman's office.

It is alleged Mr Guerin regarded himself as bound by a fixed eight-week time limit and he should have, but failed, to take the additional time necessary for the report. It is alleged “indecent haste” in concluding the report led to errors, including alleged failure to fully engage with the process.

Mr O’Reilly said his side was also exhibiting legal advices given to the Attorney General which were given to Mr Guerin. These were not brought to Mr Shatter’s attention until after the report was concluded, Mr O’Reilly said.

Mountnugent man Sgt McCabe blew the whistle on the gardai's handling of a number of cases, including abduction, assault and a murder, that related to his time working in the Cavan-Monaghan Garda District.

Mr Shatter's case will not appear in the High Court again before October.