Politicians to take legal action on order
Deputy Brendan Howlin and Senator Jim Higgins were told by Mr Justice Frederick Morris yesterday that their private papers were not protected by Dáil privilege.
Mr Justice Morris said the work of his tribunal would be "greatly hampered" if its team was unable to access individuals who have information that may prove a person was falsely convicted of a crime.
Labour TD Mr Howlin and Fine Gael senator Mr Higgins were separately told of an alleged relationship between Detective Sergeant John White, who is at the centre of many of the allegations of misconduct in Donegal, and Assistant Commissioners Tony Hickey and Kevin Carty.
They were also told that Det Sgt White planted evidence in cases where convictions were needed and the two senior gardaí knew this, an allegation denied by both men.
Mr Higgins and Mr Howlin, along with the Dáil and Seanad committees on privilege, argued that revealing the sources would have profound implications on the relationship between public representatives and their constituents.
"The bottom line is I am disappointed with the decision but not surprised because it was an adjudication on application by the tribunal's own counsel," Mr Howlin said yesterday.
"The principle is unchanged the right of an individual citizen to bring concerns of wrongdoing to a public representative. This has extraordinary implications for vulnerable people within families or institutions if they felt they could not do that with impunity," he said.
Mr Howlin said he would under no circumstances expose his source. He and his Seanad colleague will now seek a judicial review of the tribunal's decision. The tribunal has given them four weeks to do so.
The pair received the information, took notes and then told the then Justice Minister John O'Donoghue, who ordered an investigation.
Mr Justice Morris said the claims were not privileged as they were not made in the Dáil chamber.
The tribunal has also ordered Eircom to hand over the politicians' phone and fax records. Eircom has said it will comply with any order made by the tribunal.
The Morris Tribunal is due to begin hearing evidence on Monday. It will hear evidence regarding the discovery of explosives in north Donegal.
