85 seek representation at probe into garda misconduct claims

NEARLY 90 people have applied to be represented at the Morris Tribunal, set up to investigate claims of Garda misconduct in Donegal.

Mr Justice Frederick Morris yesterday opened the tribunal’s first session by revealing the full scope of the investigation and hearing arguments for representation from 13 solicitors on behalf of 85 different individuals.

They include 43 members of the McBrearty family as well as associates and employees, who made complaints they were harassed or wrongly arrested by gardaí.

Mr Justice Morris, who will rule on the applications next Monday, also heard applications on behalf of the Minister for Justice, Labour TD Brendan Howlin, his former Dáil colleague Jim Higgins and the Garda Complaints Board, which will come under scrutiny over the way it dealt with allegations made against gardaí.

A further five individual applications were made to extend the terms of reference of the tribunal while one was also made to investigate the killing of Sinn Féin councillor Eddie Fullerton in 1991.

Mr Justice Morris did not grant legal representation to the Garda Commissioner Pat Byrne, but said he could renew the application at a later date.

In his opening statement, the judge expanded on the already published terms of reference and said the tribunal would be looking generally at the checks and balance within the system of criminal investigation.

The probe, which begins in the autumn, will be the most extensive independent investigation ever into the workings of the Garda Siochána, though it will concentrate on the division of Donegal.

Mr Justice Morris said he will be studying the use of informants, the basis for arrests and treatment of suspects in custody. The role of the Director of Public Prosecutions will also be investigated.

“When a serious complaint is made against a State agency the facts must first be ascertained. If there is fault (whether by act or omission) then there is a potential for learning how that fault came about and how it might be avoided in the future,” Mr Justice Morris said.

The tribunal will look at the investigation into the death of cattle dealer Richie Barron, allegations of Garda harassment of the McBreartys and also claims that gardaí may have been involved in hoax explosives finds.