Journalist advised against publication of draft article of interview with Ms D

Dearbhail McDonald, the Group Business Editor with Independent News & Media, told the tribunal she was asked to review and "stress test" a story by journalist Paul Williams in March 2014 by editor Stephen Rea.

The article was based on an interview with the woman, identified only as Miss D, who made sexual offence allegations against Sgt McCabe in 2006. The DPP ultimately directed no prosecution after a garda investigation into the allegations, saying no evidence of a crime was disclosed.

Ms McDonald testified that she advised against publication of the story. She said the article published in April 2014, which did not name Sgt McCabe or Miss D, contained material differences from the draft she had seen.

Ms McDonald said she was asked to look at whether the article was fit for publication "in terms of being legally and factually robust”.

Ms McDonald said her background as legal editor meant she would have knowledge of legal and defamation issues and was often asked to give an opinion, although she was not a lawyer.

Ms McDonald said that she made her own inquiries about the story, and wrote a memo over which she was claiming professional privilege

The tribunal is looking at allegations by former garda press officer Supt David Taylor that he was directed while in that role to smear Sgt McCabe. Former commissioners Martin Callinan and Nóirín O'Sullivan deny there was any smear campaign.

Ms McDonald said that at the time of the article, she was working on coverage of the Anglo trial.

"I wasn't negatively briefed by anyone in An Garda Síochána, and that includes Supt Taylor," Ms McDonald said.

Ms McDonald said she had no knowledge of a "poison pen" anonymous letter sent to the Irish Independent until the tribunal showed it to her.

She said that she saw a video tape of Mr Williams' interview with Miss D along with group editor Stephen Rae and group head of content Ian Mallon.

Mr Mallon told the tribunal he did not recall seeing the video, or a meeting where Ms McDonald was asked to review the story, but he attended a lot of meetings during his time at INM.

Mr Mallon said that nearly every journalist in INM was aware of the allegation from Miss D and Sgt McCabe after the story was published.

Tribunal barrister Kathleen Leader BL put it to Mr Mallon that if the Irish Independent had published a story about a garda whistleblower accused of abuse it could have changed the narrative in relation to Sgt McCabe.

"If what was being alleged to be correct was established to be correct, absolutely," Mr Mallon said.

Mr Mallon said he had no recollection of ever speaking with former Sunday Independent editor Ann Harris about Sgt McCabe, and did not recall anyone using the phrase "kiddie fiddler".

Irish Examiner journalist Daniel McConnell said he was unable to reveal any sources.

Former garda press officer Supt David Taylor has said he briefed Mr McConnell against Sgt McCabe around the time of the PAC penalty points hearings in January 2014.

"I can neither confirm nor deny that happened for reasons of journalistic privilege," Mr McConnell told the tribunal.

"I'm compelled by an obligation I have to protect my own sources, and also to the principle of the gathering of information."

Mr McConnell, who worked with INM in 2014, said he was not aware of Mr Williams' article until it appeared in the newspaper.

"I was primarily based in Leinster House. The normal gossip around Talbot Towers, as it was known, I would not be aware of it," Mr McConnell said.

Mr McConnell said around the time of Sgt McCabe's appearance before the Public Accounts Committee there were "vague rumblings" criticising Sgt McCabe, but "nothing I could ever really put my finger on".

"The question was being asked politically, was he a credible witness before the PAC," Mr McConnell said.

Mr McConnell said that he had never met Mr Callinan, and only met Ms O'Sullivan "on a small number of occasions, walking in and out of Oireachtas committees, a shake of the hands and that would be it”.

Mr McConnell said he knew of Supt Taylor, and had "limited dealings with him, dating to when I was chief reporter at the Irish Independent."

Mr McConnell said after he moved to covering politics, he would have had no real reason to speak to Supt Taylor.

John Ferry BL, representing Supt Taylor, said his client's position was that he negatively briefed Mr McConnell about Sgt McCabe .

"I'm just not in a position to get into discussing what may or may not have happened that may or may not reveal a source because of what I see as an overriding principle of journalistic privilege," Mr McConnell said.