Morris tribunal: The Morris tribunal chairman is to make an immediate application to the High Court seeking an order compelling a suspended detective sergeant to appear before the tribunal.
Det Sgt John White on Monday failed to answer his summons to appear at the tribunal, which was told he was too unwell in hospital.
However, after applications from Det Sgt White's counsel and the withdrawal of his consent to allow his doctor to give evidence on his condition, the chairman, Mr Justice Frederick Morris, said: "As far as I can see, Det Sgt White is using his best endeavours to ensure the tribunal is deprived of his evidence."
He continued: "There is nothing in the way in which these proceedings have been approached by Det Sgt White to lead me to believe he has any wish to comply with the tribunal direction and I require the assistance of the High Court."
On Monday, when Det Sgt White failed to answer his summons, the chairman ordered Dr Louis O'Carroll, consultant psychiatrist, to appear yesterday to give an account of his patient's condition.
Yesterday, Det Sgt White's legal team asked for the evidence to be taken in private, which the chairman refused. He said, however, he would restrict the hearing to certain legal teams and people and requested the media not to publish details.
However, Dr O'Carroll then stood up in the body of the tribunal and said he had just received instructions from his patient withdrawing his consent for him to give evidence if it was not in camera.
The chairman then ruled on the position. He said the story so far was that there were complaints made about the way Det Sgt White treated Mrs Roisin McConnell when she was detained in Letterkenny in 1996.
Many of the complaints were acknowledged by Det Sgt White but there were some outstanding. These came about when Det Sgt White was standing trial, after which he was acquitted, and in order that he would not be deprived of a fair trial, he was given the opportunity to answer them later.
Det Sgt White was given the opportunity to give his account of what happened and to cross-examine Mrs McConnell.
There was no doubt that Det Sgt White acknowledged his obligation to be at the tribunal. On Monday, they were told by his solicitor that Det Sgt White was so unwell so as not to be in a position to attend.
The chairman said he was not satisfied, so he requested Det Sgt White's specialist to attend.
"What I was doing was attempting to establish that Det Sgt White was unwell and so unwell as to be relieved of the obligation to answer the witness summons. This was no attempt to victimise Det Sgt White. I was looking for the excuse for his non-attendance," he said.
Dr O'Carroll then said he had just received directions from Det Sgt White not to give evidence.
The chairman said: "I've searched and I'm unable to find any reason why Det Sgt White is not in a position to answer the summons.
"I am at a loss to understand how he could give instructions to his counsel and solicitor and directions to Dr O'Carroll and at the same time be incapable of attending the tribunal to give straightforward evidence," he said.
In the circumstances, he said there was a procedure open to him under the Tribunals of Inquiry Act where a person failed or refused to obey a summons.
"I propose to make an application to the High Court seeking an order that Det Sgt White comply with the direction to appear. This should be initiated immediately. It is now a matter for the High Court to take whatever steps it considers necessary," he said.
He lifted the media embargo.