THE MORRIS INQUIRY: The first public sittings of the Morris Tribunal, which will inquire into complaints concerning some gardaí from the Donegal division, are likely to take place in the autumn, the sole member indicated yesterday.
In his opening statement to the tribunal yesterday, Mr Justice Morris gave details of the terms of reference, set out certain procedures and heard applications from parties seeking legal representation. He said the first substantive public sitting of the tribunal would take place probably in the autumn.
Mr Justice Morris said that when the tribunal held its first public sitting, hearings would be at Belfield Office Park, Clonskeagh, Dublin. "Consideration is also being given to the possibility of holding some public sittings in Co Donegal to facilitate a situation which may arise where there are a multitude of local witnesses in respect of a limited and defined aspect of the work of the tribunal," he said. Many of the terms of reference were self-explanatory, he said. "In relation to each of the terms of reference, the tribunal would wish to go about its business by ascertaining the basic facts, by looking at any deviation there from and by asking whether, if there was such a deviation, some was accidental or deliberate," he added.
The tribunal must also look generally at the checks and balances within the system of criminal investigation and their adequacy. "This is not intended to be a negative process. When a serious complaint is made against a State agency the facts must first be ascertained. If there is fault [whether by act or omission] then there is a potential for learning how that fault came about and how it might be avoided in the future," Mr Justice Morris said.
There was also potential for looking at the operation of the system within which that fault occurred and for making positive recommendations for better practice or procedure in the future, he stated.
Mr Justice Morris emphasised that it was an inquiry. "The tribunal is not proceeding on the basis that certain people are accused of particular wrongs." The tribunal was attempting to ascertain what happened, why it happened and what might be learned from it. He also referred to discovery of documents, stating that he hoped there would be full co-operation.
The tribunal had been given the additional power to appoint investigators who would be able to require persons to give information and send documents.
"It is hoped that with co-operation it will not be found necessary to utilise these powers," Mr Justice Morris said. He said the tribunal had received a considerable volume of correspondence. It had received many letters from members of the public who believed they had information which would be of help to the tribunal and they have sought legal representation.
However, he warned, people did not get representation before the tribunal solely for the purpose of contributing to the evidence of the tribunal. Evidence could be submitted by members of the public in the form of a statement.
Mr Justice Morris said at the first public sitting counsel for the tribunal would make a comprehensive statement in which he would set out the event which would be considered and inquired into by the tribunal and he would identify persons who were or had been involved in the matters.
Parties would be left in no doubt as to his or her involvement in the matter, he said. If at any stage evidence was sought which might damage a reputation or good name procedures would be put in place to deal with the situation to ensure fair procedures.