The High Court will rule today on a bid by a detective sergeant to prevent the Morris tribunal inquiring into the circumstances surrounding the arrest and detention of seven people at Burnfoot, Co Donegal, in May 1998.
The Burnfoot module was due to open yesterday afternoon but is being delayed pending the outcome of Det Sgt John White's application.
The tribunal chairman ruled last Friday that the Burnfoot module should proceed in private on the basis that a public hearing would prejudice Det Sgt White's criminal trial - on a date yet to be fixed - on a charge of planting a firearm at a Traveller's camp in Burnfoot on May 22nd, 1998. Det White has denied the charge.
Det Sgt White, Ballybofey, Co Donegal, is seeking leave to bring judicial review proceedings challenging the chairman's decision and also wants an injunction, to apply pending the outcome of such judicial review proceedings, restraining the module from proceeding.
He claims the tribunal hearings will be a "dry run" for his criminal prosecution which, he said, would benefit the Garda and State authorities to the detriment of his entitlement to a fair trial.
Det Sgt White claims his right to silence will be adversely affected as he will be compelled to give evidence and is the first witness to be called in the Burnfoot module.
He also claims his entitlement to cross-examine witnesses will be affected and the defendants would have advance notice of his defence.
Det Sgt White was charged with the firearm offence in 2001 and took judicial review proceedings to restrain his prosecution, which proceedings concluded last June in the High Court. Judgment was reserved by Mr Justice Éamon de Valera and has yet to be delivered.
In proceedings heard yesterday by Mr Justice Paul Butler, the tribunal disputed the detective's claim that proceeding with the Burnfoot module prejudiced his entitlement to a fair trial and argued that the delay by Det Sgt White in bringing his application was in itself adequate grounds to refuse his application.
Michael Collins SC, for the tribunal, argued that Det White had been aware since September last of the tribunal's intention to proceed with the Burnfoot module in November but had only brought the application at the last minute.
Counsel also said Det White had been prepared to allow the tribunal proceed with a public hearing of the Burnfoot module, which public hearing the DPP had stated would adversely affect the criminal prosecution.
If there was a public hearing of the tribunal, there would almost certainly be no criminal trial for Det Sgt White and that was almost certainly why he had looked for a public hearing, counsel said.
Mr Collins also disputed the claims that Det Sgt White's entitlement to a fair trial would be prejudiced should the tribunal proceed. He said the tribunal hearings would be in private.
Conleth Bradley SC, for Det White, denied any delay in bringing the judicial review application.
Mr Bradley said the tribunal chairman had only made a formal ruling on the application to have the Burnfoot module adjourned on Friday last and his side had gone to the High Court on Saturday.
He said his client was not trying to stop the module forever but just until the criminal proceedings in relation to Det Sgt White - if those proceedings were not halted by the High Court - had concluded.
The hearing concluded late yesterday afternoon and the judge said he would give his decision at 10.30am today. Mr Justice Butler said he was conscious the matter was urgent but he wanted some time to consider the issues raised.
