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IrelandShamed former superintendent seeking most of his legal costs from Disclosures Tribunal

16:35  16 may  2019
16:35  16 may  2019 Source:   independent.ie

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THE FORMER GARDA Superintendent who was found by the Disclosures Tribunal to have “aided and abetted” a smear campaign against Maurice McCabe has been awarded 70% of his legal costs . David Taylor was heavily criticised in last year’s report from Mr Justice Peter Charleton.

Legal authorities see shaming as a cheap and convenient way of augmenting criminal penalties. People who are tempted to commit a crime are ( His tenants posted a sign that read “Welcome, You Reptile!”) Kahan preferred shaming sanctions to imprisonment for minor crimes because they cost

Shamed former superintendent seeking most of his legal costs from Disclosures Tribunal Supt Dave Taylor

A former Garda superintendent heavily criticised by the Disclosures Tribunal for smearing whistleblower Maurice McCabe is seeking to have the majority of his legal costs awarded to him by the tribunal.

A lawyer for David Taylor told tribunal chairman Mr Justice Peter Charleton that if a decision was made not to award all of his client’s costs, then a 10pc deduction might be appropriate.

Shamed former superintendent seeking most of his legal costs from Disclosures Tribunal © Niall Carson Maurice McCabe The judge also heard submissions today from lawyers for Supt Taylor’s wife Michelle and the Garda head of human resources John Barrett, both of whom are seeking their costs from the tribunal.

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Taylor retired from the force last year in the aftermath of the tribunal findings.

He had been under suspension and was facing a disciplinary inquiry when he retired.

Mr Justice Charleton concluded Taylor helped former commissioner Martin Callinan in "a campaign of calumny" against Mr McCabe, who has also since retired from the force.

Shamed former superintendent seeking most of his legal costs from Disclosures Tribunal © Provided by The Press Association Former Garda commissioner Martin Callinan arrives at Dublin Castle ahead of giving evidence to the Disclosures Tribunal (Eleanor Barlow/PA) The judge said he had the gravest difficulty in accepting Taylor's evidence to the tribunal as anything approximating to the truth.

He also found that when Taylor came under Garda investigation over the unauthorised disclosure of information to journalists, he swore an affidavit that was "almost entirely made up of nothing but lies".

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At a costs hearing today, Kathleen Leader SC, for the tribunal, said the default position was that people who appeared before the tribunal were entitled to their costs.

However, the tribunal has discretion on this and it is open to it not to award some or all of the costs.

Shamed former superintendent seeking most of his legal costs from Disclosures Tribunal © Provided by The Press Association Former Garda commissioner Noirin O’Sullivan at the Disclosures Tribunal in Dublin Castle (Niall Carson/PA) She said the question the tribunal had to consider was whether a party cooperated. She said whether the party told the truth was also relevant.

At the outset of the hearing, Mr Justice Charleton asked the parties represented in court what percentage reduction in their costs they believed to be appropriate if their costs were to be reduced.

Michael O’Higgins SC, for Taylor, suggested a 10pc reduction.

He said the judge’s decision on the matter “might involve an element of compassion”.

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Mr O’Higgins said that while his client had ultimately “been found wanting” by the tribunal, he did cooperate.

Shamed former superintendent seeking most of his legal costs from Disclosures Tribunal © Provided by The Press Association Former Justice Minister Alan Shatter and his wife Carol leaving the Disclosures Tribunal at Dublin Castle, Dublin, Ireland (Niall Carson/PA) He said his client attended hearings, gave the tribunal access to his emails and phone records and made admissions.

Mr O’Higgins said his client had also released journalists from any duty of confidentiality they may have felt towards him.

Mr Justice Charleton is to give his decision on costs at a later date.

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