Findings against Garda Keith Harrison by the Disclosures Tribunal should be quashed because of an alleged prior professional interaction between Mr Justice Peter Charleton and a witness, the High Court has been told.
The Donegal-based Garda, who was strongly criticised in the tribunal’s interim reports, has brought proceedings alleging a prior professional involvement between the tribunal chair and Chief Supt Terry McGinn.
The alleged prior engagement related to when Chief Supt McGinn was the Garda liaison officer to the Morris tribunal in 2002-2005, which considered allegations about gardaí in Donegal, and Mr Charleton was senior counsel to the Morris tribunal.
Lawyers for the State say the proceedings are fundamentally misconceived, should be dismissed and that no reasonable observer could form an apprehension of bias, as alleged by Garda Harrison, on the part of Mr Justice Charleton based on the prior professional interaction.
The proceedings by Garda Harrison seeking orders quashing findings in the tribunal’s second and third interim reports relating to Garda Harrison opened before Ms Justice Aileen Donnelly on Tuesday.
Garda Harrison, represented by Mark Harty SC, also wants a declaration the tribunal chairman acted in breach of the garda’s rights to natural and constitutional justice and his rights under article 6 of the European Convention on Human Rights.
Garda Harrison claims the Disclosures Tribunal rejected allegations made by himself and his partner, Marissa Simms, and exonerated others about whom the couple had made complaints. The couple’s claims included that Ms Simms was compelled by gardaí to make a statement against Garda Harrison which led to a Tusla referral. Garda Harrison also alleged he was the victim of a five-year intimidation campaign after arresting a fellow officer for drink driving in Athlone in 2009.
In an interim report, Mr Justice Charleton said the allegations made by Garda Harrison and Ms Simms examined by the tribunal were “entirely without any validity.”
He also praised the conduct of Chief Supt McGinn, a key witness in relation to matters contained in protected disclosure made by Garda Harrison, and her management of the Donegal division.
Garda Harrison brought his proceedings after becoming aware of certain material including newspaper reports.
Mr Harty said articles published by The Irish Times in 2006 referred to criticism of reconstruction from the Morris tribunal broadcast on RTÉ that had created a “poor impression” of Chief Supt McGinn
The articles quoted Mr Justice Charleton, then a senior counsel, saying all those who had worked with Supt McGinn had great respect for the assistance she had given the Morris tribunal and it was unfair to her that listeners might think she just was not interested in the truth. It is claimed the articles and transcripts of the Morris tribunal disclose Mr Justice Charleton did know the chief superintendent and had worked with her and was in contact with her.
Garda Harrison’s lawyers had asked the chairman to withdraw the findings concerning his client in the interim reports but the tribunal rejected that request, the court heard.
The tribunal said Chief Supt McGinn’s role as liaison was independent of the Morris tribunal, her involvement with the Morris tribunal was well known and Mr Justice Charleton had no recollection of the comments he had made to the Morris tribunal about the broadcast.
In its statement of opposition, the State denies the claims and maintains the “minimal professional involvement” between the judge and Chief Supt McGinn does not show any perceived or actual bias.
The State denies that Mr Justice Charleton was not sufficiently impartial and independent to fairly assess the issues between Chief Supt McGinn and Garda Harrison.
The judge, while he was counsel to the Morris tribunal, had made a clarification to protect the good name of the chief superintendent in his professional capacity as senior counsel to that tribunal with the approval of its chairman Mr Justice Frederick Morris, the State says.
It has also denied that Mr Justice Charleton should have disclosed the nature of the previous professional involvement or should have recused himself from dealing with all matters concerning Garda Harrison. The hearing continues.