Court postpones tribunal inquiry

AN INQUIRY by the Morris Tribunal into the circumstances surrounding the arrest and detention of seven people at Burnfoot, Co Donegal, in May 1998 has been postponed by the Supreme Court pending the outcome of a Detective Sergeant’s legal challenge to that inquiry.

Det Sgt John White, with an address at Ballybofey, Co Donegal, claims that if the tribunal proceeds now with a private hearing of its Burnfoot module, this will prejudice his entitlement to a fair trial on a charge, imposed against him in 2001, of planting a firearms at a Traveller’s camp at Burnfoot in May 1998.

He claims the module will address the same issues as in the criminal proceedings against him and would give the prosecution “a dry run” for the criminal proceedings and prejudice his right to cross-examine.

In High Court proceedings last June, Det White sought an order restraining his prosecution on the firearm charge on grounds of missing essential evidence but judgment on that application is still awaited.

Last Saturday, lawyers for Det White secured an interim High Court order preventing the Burnfoot module from proceeding pending the bringing by Det White of an application for judicial review of the tribunal chairman’s refusal to adjourn the module pending the outcome of the criminal proceedings.

Yesterday morning, Mr Justice Butler refused to grant either an injunction or leave for judicial review proceedings.

Immediately after that refusal, lawyers for Det White went to the Supreme Court. John Whelan SC said they wished to appeal the decision and also sought a further restraint on the Burnfoot module.

Mr Whelan said it was not a matter of pre-trial adverse publicity or prejudicing a jury, but the issue was that witnesses in the criminal trial would be the same as would appear before the tribunal. Counsel also noted that judgment was being awaited on his client’s bid to prevent the criminal trial on the grounds that essential evidence had gone missing.

Mr Justice Adrian Hardiman said no one facing a criminal trial would wish for there to be a run over it beforehand. The Chief Justice, John Murray, said there certainly was a question to be raised while Mr Justice Hugh Geoghegan said the tribunal’s argument to the effect that evidence given in a tribunal could not be used to prosecute in other proceedings was only “half a protection”.

The Chief Justice said the Supreme Court was satisfied there was a potential issue of law that needed to be resolved. He said the court would put a stay on the module proceeding pending appeal provided the notice of appeal was lodged within days. Mr Whelan said notice would be lodged by tomorrow.

In his High Court judgment refusing leave to bring the proceedings to halt the module, Mr Justice Butler said he was satisfied Det White could not successfully argue that his right to a fair trial would be prejudiced by “a dry run” of the criminal case in the module or that his right to silence would be adversely affected should it proceed.