Background: Morris tribunal chairman Mr Justice Frederick Morris delivered his latest three reports to the Government on May 12th.
Under the regulations the Minister must, within 14 days, either present the reports to the Oireachtas or apply to the High Court for directions if he feels publication may prejudice a trial.
Minister for Justice Michael McDowell has indicated that as elements in all three reports could prejudice criminal proceedings he will be going to the High Court seeking directions on their publication.
The first report is on the "silver bullet" module heard from June to October last year. This was followed by a short module on Ardara. The third module on Burnfoot ran in private session and ended earlier this year.
Criminal proceedings referred to by the Minister relate to Det Sgt John White who faces criminal proceedings concerning having a firearm.
Last November, the chairman ruled that the Burnfoot module should be held in private as it could prejudice the trial of Det Sgt White who has stated he is innocent of all allegations.
The judge said the evidence would cover the same issues as those to be heard in the trial. The module focuses on the arrest and detention of seven people at Burnfoot, Co Donegal, on May 23rd, 1998, and the inquiry relating to it.
The arrests followed a search of a Travellers encampment and a firearm and ammunition were found. It was alleged by Det Garda Thomas Kilcoyne that Det Sgt White planted the gun. He has denied the allegation.
The other two modules were heard in public. The "silver bullet" module was based on allegations by Bernard Conlon that Det Sgt White asked him to be found drinking after hours in August 1997 in a nightclub called Frankie's in Raphoe, Co Donegal, owned by the McBrearty family.
He alleged this was to set up the McBreartys. Gardaí claimed the McBreartys were involved in the death of cattle-dealer Richie Barron. The tribunal has since found Mr Barron was the victim of a hit-and-run.
Mr Conlon also alleged Det Sgt White told him to fabricate a story that two men called to his home in Sligo and threatened him with a silver bullet if he gave evidence against the McBreartys in the licensing case.
Mr Conlon also falsely gave descriptions of two members of the extended McBrearty family, Mark McConnell and Michael Peoples. This led to their arrests. Neither was prosecuted.
Det Sgt White denied all of Mr Conlon's allegations. Mr Conlon was tried for making false statements and got a three-year suspended sentence in 2000. Early last year, Det Sgt White was acquitted in Letterkenny Circuit Court of perverting the course of justice and making false statements.
The Ardara module investigated allegations that a garda planted an explosive device on a TV mast in November 1996 in the yard of a Garda station in Co Donegal for the purpose of arresting some local people.