The Morris tribunal will appeal the High Court ruling that the source of information given to Labour TD Mr Brendan Howlin enjoys absolute constitutional protection, wrtiesCarol Coulter, Legal Affairs Correspondent
The judgment was delivered by Mr Justice Kearns yesterday.
However, the judgment was welcomed by Mr Howlin as the upholding of a fundamental principle. It was also welcomed by former Fine Gael TD Mr Jim Higgins, who was joined in the action at the outset, but who was released from his confidentiality obligations by his source, Mr Frank McBrearty, and who then withdrew.
In a statement following the judgment, the chairman and sole member of the tribunal, set up to inquire into certain actions of certain gardaí in Donegal, Mr Justice Morris said: "The allegation made to the Minister is that several people have been framed by Garda members and either are in prison or have been subject to unjust conviction and punishment. No more devastating allegation could be laid against the criminal justice system.
"Chief Superintendent Brian Garvie of the Royal Canadian Mounted Police, one of our investigators, has advised us that to dispose of this allegation the "source" of the alleged "information" must be interviewed.
Contradictory claims have now been made by various parties as to whom the "source" may be.
"A person has claimed to have received the 'information' passed to the Minister as a spontaneous and anonymous communication received through the post. The Minister was never told this.
"The right to justice exceeds every right in the Constitution, apart from the right to life, of which it is a component. The judgment of the tribunal required the cooperation of every citizen, politician or not, in order to vindicate the right to justice. Therefore the tribunal must appeal the High Court ruling."
Welcoming the judgment, Mr Howlin said: "I'm very glad a very important principle has been explained and upheld. It is important for every citizen. The proper working of an accountable democracy requires that citizens can reach out to Oireachtas members with their concerns without exposing themselves. This would be a very important principle to maintain."
He added that he was fully committed to the Morris tribunal, and wished it God speed.
"I'm a very big enthusiast for the Morris tribunal, and I will give it all the co-operation I can. I have given it all my notes, apart from my sources."