Inquiry 'obliged' to discover the source of claims

MORRIS TRIBUNAL: It would be "a negligence" on the part of the Morris tribunal if it did not pursue the source of allegations made to two members of the Oireachtas about impropriety in the senior ranks of the Garda, it was claimed yesterday.

Defending the tribunal's right to serve orders of discovery against Labour TD Mr Brendan Howlin and Fine Gael Senator Mr Jim Higgins, Mr Paul McDermott SC, for the tribunal, said the orders were necessary so that confidence could be had in a "tribunal of substance", which went into all aspects of the allegations it was investigating.

Mr McDermott said paragraph (h) of the tribunal's terms of reference compelled it to investigate allegations contained in documents received by the two parliamentarians, as well as attempt to establish the author of the allegations and the motive for them.

The essence of the claims was that the internal Garda investigation, headed by Assistant Commissioner Kevin Carty, into alleged corruption in the Donegal division was "compromised" because both Mr Carty and Assistant Commissioner Tony Hickey had worked with Det Sgt John White, one of the gardaí at the centre of the inquiry. It was alleged Det Sgt White was in a position to "blackmail" both assistant commissioners and that he held documents that were his "passport" to escaping charges. Both assistant commissioners vehemently denied the allegations.

Mr McDermott said it was important that political representatives could bring information to the public domain but it appeared the informants in this case were current or former gardaí and it was difficult to see what form of victimisation they could suffer.

He added if the allegations were false it would mean a vehicle for raising matters through a public representative had been abused.

As to the question of constitutional privilege, Mr McDermott said Article 15 (10) gave "enabling" powers to the Houses of the Oireachtas to enact legislation or standing orders but this was not done. To give members an absolute privilege would mean the authorities would be prohibited from searching or seizing documents under corruption or standards of public office legislation, even if a TD was being investigated for unlawful or terrorist offences. Such a claim of privilege could not be upheld.

As for Article 15 (12), which said utterances in the Dáil should be privileged, the tribunal was not seeking to inquire into the source of information behind such utterances. The "location and occasion" of the allegations determined the applicability of privilege, he submitted.

Mr McDermott noted orders of discovery have been drafted but had yet to be served on the two individuals.