Morris refuses costs to two Garda witnesses

Morris Tribunal: A former detective garda and a suspended superintendent, who were found by the Morris tribunal to have orchestrated…

Morris Tribunal: A former detective garda and a suspended superintendent, who were found by the Morris tribunal to have orchestrated bogus explosives finds to further their careers, were yesterday refused their application for legal costs.

Two key witnesses were granted costs by the tribunal chairman, Mr Justice Morris.

Ms Adrienne McGlinchey was awarded 75 per cent of her costs. Mr Justice Morris found she had told the truth about bogus explosives finds and said that, as a whistle-blower in giving evidence, she was "taking a courageous stand".

Without whistle-blowers, he said, tribunals would not be able to uncover corruption.

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A portion of Ms McGlinchey's costs were not granted as Mr Justice Morris found she had misled the tribunal about her relationship with the Garda Síochána before she met Det Garda Noel McMahon in 1991; about whether she was blackmailed by Det Garda McMahon; and about the accuracy of statements taken by the Carty team.

The judge awarded full costs to Ms Sheenagh McMahon, estranged wife of Det Garda Noel McMahon, and to Ms McGlinchey's sister, Karen. He refused costs to Det Garda McMahon, finding he had "lied in an effort to mislead the tribunal" and "gave a misleading account of his dealings" with Ms McGlinchey and Supt Kevin Lennon.

"I am satisfied that this was done in a calculated way in an attempt to prevent the tribunal ascertaining the truth," Mr Justice Morris said.

He said Supt Lennon "lied to the tribunal on almost very issue on which he gave evidence". Supt Lennon is representing himself, but had submitted a bill for "minimal costs". The judge found he was not entitled to recover costs he claimed for typing, photocopying and "research, discovery and labour costs".

Garda P.J. Thornton and Garda Martin Leonard were refused all costs. Mr Justice Morris was not satisfied that Garda Thornton "told the truth concerning the find" made at Covehill, Letterkenny, on June 4th, 1994.

Garda Leonard, who along with Garda Thornton gave evidence relating to this find, also gave evidence about the withdrawal of a statement by Ms McMahon to the Carty team in 1999 and a meeting between the Carty investigators and Det Garda McMahon.

"On none of these three issues is the tribunal satisfied that the account given in evidence by Garda Leonard represented the truth," Mr Justice Morris said.

Ms McGlinchey's flatmate, Ms Yvonne Devine, received 50 per cent of her legal fees. The judge found that she "deliberately withheld" valuable information concerning the activities undertaken by Ms McGlinchey.

Her brother, Mr Pearse Devine, received all his costs, as "while the tribunal has doubts as to whether Mr Devine told the whole truth in respect of matters on which he gave evidence, it cannot go so far as to make a definitive finding that he did not do so".

Both the Garda Representative Association and the Association of Garda Sergeants and Inspectors received costs for their assistance.

Sgt Bobby Mullally, Sgt Hugh Smith, Sgt Sylvie Henry, Sgt Martin Moylan and Sgt John O'Keeffe, represented by the AGSI, also received their costs.

Retired Sgt Jim Leheny, also represented by the AGSI, was awarded 75 per cent of his costs, as he was found to have "provided considerable assistance to the tribunal by furnishing an amount of documentation". However, the tribunal was "not satisfied he gave a full account of all that he knew" concerning the find at Oatfield on June 4th, 1994.

The tribunal rejected an application for costs by a Donegal solicitor, Mr Paudge Dorrian.

Members of the Gallagher family, who gave evidence concerning a search of their farm by gardaí and the Army in 1997, were found to have given "testimony that was clear and honest". They had assisted the tribunal greatly and were entitled to their costs.