Morris Tribunal in court action to make detective testify

The Morris Tribunal is for the first time ever going to the High Court to compel a witness to give evidence after Detective Sergeant John White failed to appear before the resumed hearings into garda corruption.

A consultant psychiatrist, Dr Louis O’Carroll, who said the suspended officer was undergoing three weeks residential medical treatment was summonsed to today give evidence.

Before he was due to testify, the detective’s barrister Eoin Lawlor, made an application that all evidence on his client’s medical condition be heard in private.

When the request was refused, Dr O’Carroll said he was no longer in a position to give evidence following instructions from his patient, Det. Sgt. White.

Justice Morris was forced to adjourn the hearing for a time to consider his predicament.

On the resumption, he announced the tribunal would go to the High Court under section 4 of the Tribunals of Inquiry (Evidence) Acts, to compel the suspended officer to comply with its orders. “I’ve searched and I’ve been unable to find any reason why Sgt. White is not in a position to answer the summons,” Justice Morris said.

“I’m at a loss to understand how he can give instructions to his counsel and solicitor and directions to his doctor and then on the other hand be incapable of attempting to give straight forward evidence.”

He added: “As far as I can see Det. Sgt. White is using his best endeavours to ensure that the tribunal is deprived of his evidence.”

The High Court can in effect fine or imprison Det. Sgt. White for failing to appear before the tribunal. It is likely papers will be lodged with the courts towards the end of the week.

Solicitor for Det. Sgt.White, Paudge Dorrian, said he was tonight seeking a separate High Court prohibition order preventing the media from disclosing any details about his client’s health.

Earlier, Mr Lawlor said Det.Sgt. White had a constitutional right to privacy and any publication of his present condition would further damage his health.

The junior counsel referred to a precedent in the Moriarty Tribunal when former taoiseach, the late Charles Haughey, was allowed to submit confidential evidence of his illness.

However, Justice Morris said he could only grant such an application if public disclosure of evidence risked state security or put in jeopardy a criminal trial.

However, he continued Det. Sgt. White should not have to endure his illness being “bandied around in public” and requested the media do not publish details of his condition.

Mr Lawlor remained unhappy with the proceedings and asked for an adjournment to consult with his client over whether to instigate a High Court judicial review. Justice Morris refused the request.