The McBrearty family yesterday made an application for full legal costs at the Morris tribunal.
In a written application, members of the extended McBrearty family submitted that failure to be awarded full costs on a solicitor and client basis would cause them great hardship.
The chairman, Mr Justice Frederick Morris, told the tribunal he received a written submission for the McBrearty family, and that it was regrettable it had not been possible for them to attend to make the application. He was left to decide whether to entertain the application or disregard it.
"Well, I think that one would have wanted to have been living on the moon during the last month or so not to realise that this is an extremely live issue," he said.
Frank McBrearty snr had time and again said that payment of his costs was of major concern.
"I think it would be quite wrong for me to stand on some form of a procedural technicality to decline to entertain his application for costs," the chairman said.
David Walley, solicitor for the extended McBrearty family, submitted that unless there was a good reason for depriving a witness of costs, they should be received as a right.
Costs could be awarded on a party-party basis or on a solicitor and client basis. Costs on a party-party basis were usually awarded in contentious, adversarial proceedings but this did not apply to the tribunal so the restrictions of party-party costs should be ignored, he said.
Participation of clients in the tribunal was a necessary ingredient for a full and proper inquiry. "Failure to award solicitor and clients' costs to the clients will cause them great hardship. The clients have incurred great expense in seeking to assist the tribunal and in the absence of an order for solicitor and own client costs, their full expenses will not be met," he said. The clients, accordingly, sought full indemnity.
"The financial consequences to the clients arising from the matters reported upon by the chairman herein, have already placed them under enormous financial strain," he said.
State parties had all their costs met in full by the Exchequer as would gardaí, he added.
Earlier, a number of applications were made for costs, including those of some gardaí.
Counsel Brian Murphy represented John O'Dowd and Padraig Mulligan, who were dismissed from the force last December after an internal Garda inquiry into their failure to account for their movements. He said Mr O'Dowd had been a "whistle-blower" and refocused the tribunal in a different direction. "Whistle-blowers should not be penalised by not getting costs which would send out the wrong signal to others."
Mr Mulligan had co-operated from the start, he said.
Solicitor Tom Murphy, for James McDwyer, one of five gardaí to be transferred to Dublin after the tribunal's interim report, said no additional costs were incurred on the tribunal because of the adverse findings.
He also made an application for the Garda Representative Association, stating it had provided assistance to the tribunal.
Patrick Dorrian, solicitor for Det Sgt John White, said the tribunal found his involvement fell short of corruption.
Barrister Sean Quinn made applications on behalf of five members of the Association of Garda Sergeants and Inspectors.