Judge denies gardaí legal costs for 'deceiving' Morris Tribunal

A GARDA superintendent and three rank-and-file gardaí were yesterday refused legal costs for failing to co-operate with the Morris Tribunal.

Judge Frederick Morris said Superintendent Kevin Lennon had lied to the tribunal on almost every issue.

The suspended officer, who represented himself at the tribunal, applied for €37,600 in costs incurred from working six hours every night for 150 nights.

He set himself a rate of €40 an hour and also claimed for photocopying and typing expenses.

Judge Morris said the people of Ireland should not have to pay the costs incurred by these witnesses.

"The idea that the people of Ireland should be asked to pay €40 an hour for the many hours he undoubtedly spent trying to deceive the tribunal, preventing it from getting to the truth, is unrealistic," he said.

The Morris Tribunal, which is investigating corruption in the Donegal Garda division, also refused costs to former Detective Garda Noel McMahon.

He resigned from the force in the summer after the tribunal's interim report found he had lied about the planting of hoax explosives.

Judge Morris said: "I totally reject his application for costs."

Two other gardaí in the Donegal division, Garda Martin Leonard and Garda PJ Thornton, were not awarded costs for failing to co-operate with the tribunal.

Adrienne McGlinchy, the Donegal woman who was found to have knowingly aided Superintendent Kevin Lennon and Garda Noel McMahon in their fake explosives finds, was awarded 75% costs.

Judge Morris said she had lied to the tribunal in three areas but said she had recounted events truthfully.

He said she should be considered a whistleblower who had acted in the public interest by exposing garda corruption.

Judge Morris said: "The tribunal recognises that if people such as Adrienne McGlinchey were not prepared to act as whistleblowers, it would be difficult for any investigating agency to track down corruption."

The tribunal's interim report found McGlinchey pretended to be an IRA informer and was a willing participant in the fake explosives finds staged by Superintendent Kevin Lennon and Garda Noel McMahon.

Counsel for the tribunal, Peter Charlton, SC said in his submission that the tribunal had been forced to prise open 'a nut hardened by lies' due to the conduct of some witnesses.

Yvonne Devine, who gave evidence to the tribunal about her activities with her friend McGlinchey, was found to have deliberately withheld valuable information. She was awarded costs of 50%.

"Had she given a full and frank account of matters, which must have been within her knowledge, the work of the tribunal would have been significantly shortened," he said.

In total, Judge Morris awarded full costs to 11 people and two garda associations, partial costs to three people and no costs to five people.

Judge Morris praised Sheenagh McMahon for "great courage" in giving evidence against her former husband, Garda Noel McMahon.

She was awarded all her costs.

The tribunal adjourned until tomorrow.