News Analysis

Sunday 11 December 2016

Oliver Connolly is wrong – Sgt McCabe broke no laws with his secret recording

TJ McIntyre

Published 08/03/2014 | 02:30

Whistleblower Garda Sgt Maurice McCabe
Whistleblower Garda Sgt Maurice McCabe

SECRET recordings by a party to a conversation can be powerful things. When somebody does not know they are being recorded, they are more candid in their comments. They are often prepared to reveal things they would never repeat publicly. The recording then becomes important evidence to expose inconsistencies between public positions and private admissions.

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Unsurprisingly, those who are recorded often feel threatened by this. A common response in many jurisdictions – not just Ireland – is to claim that secret recording is illegal or in breach of the right to privacy.

The former Garda Confidential Recipient, Oliver Connolly, has now taken that approach, asserting that his "constitutional right to privacy" was infringed and that garda whistleblower Sgt Maurice McCabe acted "in breach of confidence" by secretly recording and publishing details of a meeting with him. He has also said that politicians, by repeating excerpts under parliamentary privilege, have further violated his constitutional rights.

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