The High Court was told yesterday that Chief Supt Kevin Lennon, who has been suspended since August last, is among 10 gardaí whose interests the Garda Commissioner has decided not to represent before the Morris tribunal inquiry into alleged Garda corruption in Co Donegal.
Assistant Commissioner Fachtna Murphy told Mr Justice de Valera that the Commissioner had personally been granted representation at the tribunal and had counsel and a solicitor representing his interests, together with the interests of a number of named gardaí up to the rank of Chief Superintendent.
The Assistant Commissioner was being cross-examined by Mr Paul Gardiner SC, for Supt Lennon, in proceedings taken by the Mr Lennon aimed at having the State pay his legal costs of appearing before the tribunal.
The hearing concluded yesterday and Mr Justice de Valera reserved judgment.
In evidence, Mr Murphy said that, after receiving legal advice, the Commissioner came to the view that where there was a conflict of interest involving a member of the force, that member could not be represented by the Commissioner. Originally the Commissioner refused to represent six gardaí and that number had now expanded to 10, including Supt Lennon.
There was one legal team representing the Commissioner and named gardaí who had access to the instructing solicitor. Should a conflict arise, the Commissioner would be advised and would give appropriate instructions.
Mr Murphy said disciplinary proceedings had started against Supt Lennon in March 2001 and were still in being. These related to matters in the Co Donegal division concerning explosive finds and other matters concerning breaches of discipline. Supt Lennon was suspended from duty in August 2002.
Mr Murphy agreed Supt Lennon was challenging the legality of the disciplinary proceedings and of his suspension.