Tribunal to decide if Ms D to give evidence in public

Gerard Cunningham

Lawyers for garda whistleblower Sergeant Maurice McCabe have told the Charleton tribunal that the evidence of the woman who made an allegation of child sexual assault against him should be held in public.

The woman is scheduled to give evidence on Monday to the tribunal, which is investigating an alleged smear campaign against Sgt McCabe.

The tribunal is to decide if the woman will give her evidence in private because of the nature of the matters to be explored.

This morning the tribunal chairman Mr Justice Peter Charleton heard submissions on the issue. The woman's family is also scheduled to give evidence on Monday.

Mr Justice Charleton said he would consider the submissions he had received before giving his decision.

A Tusla file on whistleblower Sgt Maurice McCabe was opened when the woman, identified as Ms D, sought counselling in 2013 about a previously reported allegation which was investigated by gardaí in 2006. The DPP decided against pressing charges in the original investigation due to lack of evidence in 2007.

Allegations from an unrelated case were wrongly added when the Tusla file was opened.

Niall Buckley, barrister for Ms D and her family, asked the tribunal to order members of the press not to identify her or her immediate family or to report identifying details, not to allow her to be photographed or videos entering or leaving the tribunal, and to redact transcripts where they contained identifying information.

He also wanted restrictions on any testimony that might not be relevant to the terms of reference.

Lawyers for RTE, the Irish Times, The Irish Examiner, The Irish Daily Mail and The Sunday Times told the tribunal they had no interest or desire in identifying or photographing Ms D or her family.

Mr Justice Charleton said there was a spectrum from a totally open hearing to an in camera hearing where no one was allowed in.

Michael McDowell SC, on behalf of Sgt McCabe, said that nobody had to be excluded from the hearings, and evidence should be heard in public.

'I would be wary of the idea that there would be any secret evidence,' he said.

Michael Kealey, solicitor for the Irish Daily Mail, said it was his view that if that if something “slipped out†during Ms D's evidence, the chairman had the power to tell the press not to report it. He said he didn't think the press should have to decide what testimony fell inside the terms of reference and what testimony did not.