ALLEGATIONS against the Minister for Defence following a drinks reception in Cyprus had caused him and his family "deep hurt" and had called into question his fitness for public office, the High Court heard yesterday.
Mr Barrett had not initiated by form of complaint which might have led to a dispute between a garda and the Garda Commissioner. He had no part in that and did not wish to be involved in it, Miss Justice Laffoy was told.
The Minister was not willing to allow his name to be "trailed through the mud" and wanted to be represented in court on Monday, when proceedings between the garda and the Commissioner come before the court, his counsel, Mr Colm Allen SC, said.
Last Good Friday, Garda Michael Fitzpatrick was granted a High Court order preventing the Garda Commissioner, Mr Patrick Culligan, from repatriating him from Cyprus to his station in Carrickmacross, Co Monaghan. The garda is not due to finish his term in Cyprus until next February.
Miss Justice Laffoy gave permission to Mr Barrett yesterday to seek to be represented at the proceedings when they come before the court on Monday.
Mr Allen said that Mr Barrett had brought the application personally and had not sought any form of indemnity from the Government.
Counsel said that, in the course of the application before Mr Justice Carney on Good Friday, outrageous allegations had been levelled against Mr Barrett. The Minister awoke to find himself vilified in the national media, particularly Independent Newspapers.
The Minister was concerned that this tactic would be continued. In seeking to be represented, his objective was not to interfere in any way in the dispute between Garda Fitzpatrick and the Commissioner, to which he was not a party. The Minister wished it to be made clear that he did not challenge the right of Garda Fitzpatrick or any other aggrieved party to seek to vindicate their position through the courts. Mr Allen said Mr Barrett wished to vindicate his own position and not to find himself cannibalised".
Mr Allen said that the application on Good Friday had been made in circumstances where the Minister was not in a position to defend himself, with devastating consequences for himself and his family.
In an affidavit, Mr Barrett, who was not in court, said he believed certain matters arising from an affidavit of Mr Thomas Murphy (solicitor for Garda Fitzpatrick), and in particular from statements referred to in an exhibit to the affidavit, had caused great concern to his good name and reputation in both his personal capacity and as a Minister of the Government.
"They have caused deep hurt to me and to my family and have called into question my fitness for public office", Mr Barrett's affidavit stated. "These matters have been given great publicity and have been extensively reported upon by various organs of the media." In this regard, he said, he referred to copies of the Evening Herald on April 5th; and the Irish Independent and Irish Times on April 6th.
Mr Barrett said that to protect his good name and reputation it was vital that he be afforded the opportunity to be represented by counsel at the hearing of the proceedings.