Co Donegal publican Mr Frank McBrearty has told the Morris tribunal it was he who had faxed certain information to Fine Gael Senator Mr Jim Higgins containing allegations about the conduct of Donegal gardaí, it emerged in the High Court today.
Mr Michael Collins SC, for the tribunal, made the disclosure at the opening of a legal challenge today by Senator Higgins and Labour Party TD Mr Brendan Howlin to orders of the Morris tribunal requiring them to disclose to it the sources of information given by them to the tribunal.
The information included a suggestion that a Garda investigation into alleged corruption by certain gardai in the county, headed by Asst Commissioner Kevin Carty, was not being conducted in accordance with the instructions of the Garda Commissioner and had been compromised.
Both politicians argue that, if the tribunal's order stands, it will discourage members of the public from disclosing information of important public interest to parliamentarians because such "whistle blowers" could not be guaranteed confidentiality.
The Morris tribunal was set up in April last year to inquire into complaints concerning some gardaí in the Donegal division. It is chaired by Mr Justice Morris.
The background to the politicians's action dates back to June 25th, 2000 when both received certain information. Mr Higgins, then a TD, received a phone call to his home from a person, whom the deputy knew, telling him he would be receiving a fax, drawn up by a former Garda, which contained very serious allegations. He duly received a fax.
On the same day, Mr Howlin received a phone call from a parliamentary colleague who gave him the phone number of another person who had been a source of information to Mr Howlin concerning issues relating to the McBrearty family in Co Donegal. Mr Frank McBrearty Senior has alleged he and members of his family were severely harassed by certain gardai following the death of cattle dealer Richie Barron in Co Donegal.
The case continues tomorrow.