Reports given green light

THE Minister for Justice is free to immediately publish three more reports of the Morris Tribunal investigating Garda corruption in Co Donegal as a result of a ruling of the High Court yesterday.

The President of the High Court, Mr Justice Joseph Finnegan, yesterday afternoon rejected an application by Detective Sergeant John White to prevent publication of the reports.

John Whelan SC, for Det White, had argued that publication would totally negate the effect of two jury acquittals of Det Sgt White on criminal charges, including an acquittal last week of planting a shotgun at a Traveller’s camp at Burnfoot in Co Donegal and an acquittal in early 2005 on charges of perverting the course of justice and making false statements.

Mr Whelan said his side was concerned the tribunal reports may include findings that would tend to infer Det Sgt White was guilty of one or all the charges levied against him notwithstanding the fact he was acquitted.

“Sergeant White, the Corrupt Guard” will be the kind of newspaper headlines resulting from publication of the reports, counsel said. Publication would be “unfair and oppressive” and equivalent to saying the jury “got it wrong”.

Mr Whelan also argued the court did have jurisdiction, under the Tribunals of Inquiry Evidence Acts, to halt publication.

After considering the submissions, Mr Justice Finnegan said he would direct publication of the reports and refused to grant a stay on that order until 4.30pm yesterday to allow Det Sgt White’s side consider whether to bring an appeal to the Supreme Court.

He took the view he had no jurisdiction to impose any such stay. However, he said, in the circumstances, he would grant costs of yesterday’s application to Det Sgt White.

When construing the Tribunals of Inquiry Evidence Acts, he took the view he should have regard to the general scheme of the Acts which required the courts to be in favour of openness and not secrecy.