Morris has agenda to destroy officer, lawyer claims

LAWYERS for a garda sergeant branded a liar by the Morris Tribunal yesterday said an agenda had been set at the inquiry to destroy the officer.

The corruption investigation was told Sgt John White had been acquitted of perverting the course of justice and should not have to defend his badge of innocence in the Silver Bullet module.

Paudge Dorrian, counsel for the suspended sergeant, said allegations of wrong-doing were the same as those thrown out by a judge in Letterkenny Court.

Mr Dorrian said that for the tribunal to label the officer dishonest in the second damning report module left him at a hopeless and irreparable disadvantage.

“It is a matter of concern to my client that the tribunal in the previous module has branded him a liar,” Mr Dorrian told the chairman. “It is further submitted that it is not within your powers and that you have gone outside the bonds of fairness and justice to make such a finding and to use the expression liar is repulsive and insulting.”

He said it was unfair and unreasonable to have to re-vindicate his good name in the face of an agenda set by the tribunal.

Mr Justice Frederick Morris, inquiry chairman and former President of the High Court, said never before had his own credibility and impartiality been attacked in such a fashion.

He said it was a constant mystery why after more than 30 years service in the judiciary he faced accusations of unfairness.

“I have never before in my life been accused of unfairness to anybody and I must say it comes as a shock to me,” the judge said. “But why it should be that simply because I choose to take up the onus of chairing a tribunal that I should be allowed to become the cock shot of anybody that wants to make that sort of comment towards me is a mystery to me. I simply refuse the application.”

Mr Judge Morris said he did not have the authority or jurisdiction to bring proceedings to a halt.

Sgt White was acquitted by direction of a trial judge in Letterkenny District Court in January over charges of making false statements and perverting the course of justice.

Mr Dorrian said his client should not have to try to defend his badge of innocence for a second time.

The Silver Bulllet module began hearing evidence yesterday to unravel a tangle of lies around the arrest and detention of Raphoe men Mark McConnell and Michael Peoples.

The pair were accused of threatening Bernard Conlon with a silver bullet at a house in Sligo in July 1998.

The opening statement said one of the men told Conlon “there is one for you and one for [Sgt John] White.”

The same man, it was alleged, told Conlon if he gave evidence in court against the McBrearty’s over breaches of pub licenses he would get the contents of his pocket, meaning bullets.

Statements of the intimidation were made to gardaí which ultimately led to the arrest of Mr McConnell and Mr Peoples. Mr Conlon eventually admitted the complaint was false and had been made at the instigation of Sgt White.

He was convicted of making false statements against Mr McConnell and Mr Peoples. Sgt White was cleared of any wrongdoing.

The tribunal heard from Detective Dick Caplice who worked with the Carty team in 1999 probing allegations of wrongdoing against members of the gardaí.

Det Caplice told the inquiry he interviewed Michael Peoples about the alleged Silver Bullet affair.

He said his demeanour and attitude during questioning was not that of a man who had something to hide.

The Carty team was initially formed to probe Michael Peoples but ended up examining allegations of hoax IRA arms dumps and the botched Richie Barron death probe.