Morris tribunal: A new Morris tribunal module will be held in private as a public hearing could prejudice the criminal trial of a Garda detective sergeant, the chairman ruled yesterday.
Mr Justice Morris decided that the module, due to begin on Monday, will be in closed session as the evidence would cover the same issues as those to be heard in the trial of Det Sgt John White.
Det Sgt White says he is innocent of all allegations. The module concerns circumstances surrounding the arrest and detention of seven people at Burnfoot, Co Donegal, on May 23rd, 1998, and the investigation relating to it. The chairman said information available to the tribunal indicated that at 8am a search of a property, a Travellers' encampment, was carried out by gardaí on foot of search warrants. A firearm and ammunition were apparently found on the property.
He said it would appear that in mid-May 1998, Det Sgt White claimed to have received confidential information from informants in relation to the presence of a firearm at the camp. The detective also claimed he received information that some members of the Travelling community allegedly had been involved in the death of Edward Fitzmaurice of Charlestown, Co Mayo.
It was alleged by another garda that Det Sgt White planted the gun. He has denied the allegation. The Carty Garda internal investigation team submitted a file to the DPP and as a result Det Sgt White was charged on June 20th, 2001, with possessing a double-barrelled, sawn-off, 12-gauge shotgun on May 22nd, 1998, at Burnfoot.
On July 12th, 2004, Det Sgt White brought a High Court case seeking to prohibit his prosecution. Judgment was reserved.
The chairman said the legal cases could go on for some time both in the High Court and district courts. It was now more than four years since Det Sgt White was charged.
Submissions were made on behalf of the DPP that to hear the module in public would prejudice Det Sgt White's trial.
Mr Justice Morris said: "It seems to me that if there is any possibility that the publication of the evidence in this module prior to Det Sgt White's trial may affect the minds of potential jurors, I should act to ensure that that does not happen. Accordingly, this module will be heard in private."
There would be an order prohibiting the dissemination or publication of any evidence heard in the module. The evidence would be made available to the public and press when the criminal proceedings had concluded, he said.
He refused an application on behalf of Det Sgt White that the module be adjourned until the end of the criminal trial.