The Supreme Court has upheld a decision by the Dublin city coroner that gardai can give evidence behind screens during an inquest into the shooting dead of a Dublin man in Inchicore three years ago. The family of the dead man, John Morris, had opposed the coroner's ruling.
Yesterday the Supreme Court granted an appeal by the State against a High Court decision which had reversed the Dublin city coroner's ruling that the gardai could give evidence to the coroner and jury behind a screen in the presence of the deceased's lawyers and be identified by letters. The coroner had decided that no one else should be allowed to know what the Garda witnesses looked like and the letters would not be identified by a name or address to anyone.
The proceedings arose out of the death of Mr Morris (27), of Sundale Close, Tallaght, Co Dublin. He was shot on June 4th, 1997 at a premises in Goldenbridge Industrial Estate and died the following day. Members of the gardai were involved in the incident which led to his death.
In yesterday's Supreme Court decision, the Chief Justice, Mr Justice Keane, said that at a sitting of the coroner's court in July 1998, it was argued on behalf of the gardai concerned that they should not be required to give evidence in person as a threat to their safety had been made by the INLA.
It had been said by counsel that the threat had been made to RTE in the first instance and that the gardai had serious concerns for their safety and the safety of their families should they be required to give evidence at the inquest.
It was also submitted that the forensic reports on the Garda weapons used should not be admitted in evidence as this would identify the garda or gardai who fired the fatal shot or shots. It was said the gardai concerned did not know who had fired the fatal shot and that there were security considerations in their not knowing.
Counsel for the dead man's parents, Anne and John Morris, had opposed the application made on behalf of the gardai. It was submitted that the inquest was required to be heard in public and that the gardai concerned should give evidence in person. The parents were also opposed to the exclusion of the forensic report.
The coroner had adjourned the inquest to consider the submissions and gave his ruling on September 10th, 1998.
Yesterday, the Chief Justice said the issue was not whether the coroner was obliged to hold the inquest in public but whether he was entitled to make the rulings which he did because of the threats to the personal security of the gardai concerned.
He said he was satisfied, provided the coroner complied with the requirements of the Act and observed the requirements of natural justice and fair procedures, he was entitled to conduct the inquest in the manner which he thought best in order to serve the grounds of public interest identified in the judgment.
Mr Justice Murphy and Mr Justice Geoghegan agreed with the Chief Justice.
After yesterday's decision, Mrs Anne Morris said she would continue to fight until she received justice.