Three new e-mails have emerged at the Disclosures Tribunal in which former Garda Commissioner Noirin O’Sullivan suggests to then Justice Minister Frances Fitzgerald that she tell the Dail she has full confidence in the Commissioner.
The e-mails were discovered in a trawl last November of documents relating to Maurice McCabe, and had previously not been sent to the Tribunal.
The e-mails, sent from Noirin O’Sullivan’s personal gmail, suggested that Frances Fitzgerald tell the Dail that at no point did the Commissioner instruct her legal team to attack the integrity of Sergeant McCabe.
The e-mails also say the leaked extracts from the Commission, robbed Commissioner O’Sullivan of the right to defend her good name.
The former head of the Department of Justice says he has no recollection of receiving an email also sent to the former Minister regarding the then Garda Commissioner’s legal strategy to discredit Maurice McCabe.
Noel Waters is the first witness to be called at this module of the Tribunal, which is investigating whether Commissioner Noirin O’Sullivan relied on a false allegation to smear the Garda Whistleblower at the O’Higgins Commission.
Mr Waters has told the Tribunal that while his private secretary noted alerting him to the mail, he does not remember it.
He also says he has no recollection of speaking to Commissioner O’Sullivan at the start of the O’Higgins Commission, despite her statement to the Tribunal saying they spoke.
Mr Waters says the Minister had no role in the Garda strategy at the Commission of Investigation, and it would have been improper and inappropriate to get involved.