Det Sgt John White has been granted leave by the High Court to legally challenge the Morris tribunal decision to hear evidence regarding his medical condition in public.
Ms Justice Elizabeth Dunne was told Det Sgt White would also be seeking to quash the decision of Mr Justice Frederick Morris directing him to attend the tribunal to give evidence.
Patrick J McCarthy SC, told the court that the legal challenge was being mounted on the grounds that Mr Justice Morris had refused to hear evidence in private from Det Sgt White's consultant psychiatrist, Dr Lewis O'Carroll, or have any regard for Dr O'Carroll's opinion that Det Sgt White was unfit to attend.
Mr McCarthy, who appeared with Maireád Carey for Det Sgt White, said Mr Justice Morris had failed to accept the fact that Det Sgt White had been and remained in receipt of residential psychiatric treatment. Paudge Dorrian, solicitor for Det Sgt White, said his client had attended the tribunal on a continuous basis since June 2004 and had co-operated with it at all times.
He had been charged with perverting the course of justice and having made false statements and had been acquitted by direction of the trial judge. He had been acquitted by a jury on a charge of unlawful possession of a firearm.
Mr Dorrian said the Minister for Justice had published three reports of the tribunal last August, two of which had dealt with the subject matter of the trials and notwithstanding the fact that Det Sgt White had been acquitted of all charges, Mr Justice Morris in his reports had found to the contrary.
He told the court the findings of Mr Justice Morris had caused Det Sgt White extreme stress and anxiety. He had been attending Dr O'Carroll since March 2000 and his local doctor since 1998 in relation to work related stress. Following a joint examination by them earlier this month arrangements had been made for Det Sgt White to go into residential care on September 18th.
Mr Dorrian said that on September 11th he had contacted the solicitor for the tribunal stating it was unlikely Det Sgt White would be able to give evidence on September 18th. Two days later the tribunal replied stating Det Sgt White would be required to give evidence on that date.