Morris tribunal: The Morris tribunal has ruled out an application by Det Sgt John White to call three senior PSNI officers to give evidence.
Det Sgt White's solicitor, Páid Dorian, wrote to the tribunal calling for three PSNI witnesses to be called in the Burnfoot module, which was held in private and finished this week.
Chairman Mr Justice Frederick Morris said that the letter concerned two grievous crimes committed in Northern Ireland.
It said the officers may be able to speak about information provided to them by Det Sgt White. His legal team claimed the officers would say that what Det Sgt White told them was true, and this would be relevant to his credibility and may show his truthfulness as to the Burnfoot matter.
"That is not logical and under no extension of the rules of evidence is it admissible to allow evidence as to the truth of a witness as to a matter unrelated to the issues in a case," Mr Justice Morris said.
The Burnfoot module inquired into an allegation by Det Garda Thomas Kilcoyne that he and Det Sgt White planted a shotgun at a Traveller encampment in Burnfoot, Donegal, on May 22nd, 1998.
The purpose, if it happened, was for the gun to be found in a search next day and to facilitate the arrest of seven men camped innocently there. The gun was found and seven people were arrested under Section 30 of the Offences Against the State Act.
Det Sgt White suggested in his evidence that senior Garda officers had a grudge against him and this was the background to the allegation, which he denied.
Mr Justice Morris said this was even further removed from the issue he had to try. He said Mr Dorian's application sought to call evidence unrelated to his terms of reference. The tribunal had not sought to investigate the terrorist outrages mentioned in the letter because they were not relevant to what had to be decided.
If he were minded to consider any further collateral inquiry, he would be obliged to seek an amendment of the terms of reference.
The tribunal has concluded the Burnfoot module. The next module, expected to take many months, will inquire into circumstances surrounding the detention of 12 people in connection with the death of Richie Barron. The circumstances of each detention will be heard separately.
An opening statement will be delivered on March 21st and hearings will begin on March 27th.