Women of Honour legal team has 'only half the pieces of the jigsaw' in terms of tribunal evidence

Senior counsel Mark Harty submitted to tribunal chairperson Ms Justice Ann Power that he and his Malcomson Law colleagues are being 'robbed of an entitlement' to other people’s evidence. File picture

The Women of Honour’s legal team only has “half the pieces of the jigsaw” when it comes to Defence Forces Tribunal evidence, the tribunal judge heard tonight.

Senior counsel Mark Harty submitted to tribunal chairperson Ms Justice Ann Power that he and his Malcomson Law colleagues are being “robbed of an entitlement” to other people’s evidence.

He said it was not a problem in the tribunal’s last public hearing module because all parties had access to all the evidence due to be heard but it is a problem in the current module, which started last week.

He said this is because “a different approach has been taken” that has led to only the Defence Forces and the Department of Defence being able to access all available information.

Defence Forces senior counsel Darren Lehane denied there exists a “them and us” mentality in operation at the tribunal.

He said the Women of Honour request risks having an impact on issues around confidentiality of those giving evidence.

Senior counsel Gareth Compton, who represents more than 115 serving and former Defence Forces members, said his clients had “concerns” about the Women of Honour’s application.

“Our clients are very keen this matter be resolved as soon as possible,” he said, adding that they would not be happy if the application causes any delays in the work of the tribunal.

On the issue of confidentiality, he said: “We did come with the expectation that (our clients’) highly sensitive information would be treated with confidentiality and only disseminated where necessary.” 

He added that his clients, represented by Coleman Legal, did not see any differences between this and the previous module.

Concluding, he said: “We are objecting to the release of our clients’ confidential information.” 

Ms Justice Power adjourned the hearing until Friday.