A Co Donegal garda claimed in the High Court yesterday that he was being transferred from Buncrana to Dublin or Sligo as a punishment for co-operating with the Morris tribunal.
Mr Justice Paul Gilligan granted a stay on the transfer of Garda Thomas Rattigan pending a hearing of a challenge to the legality of the transfer.
In an affidavit, the court heard that Garda Rattigan, of Glenview, Buncrana, Co Donegal, had been a member of the force for 23 years, 20 of them in Buncrana.
Counsel for Garda Rattigan, John Whelan SC, said his client had told the Morris tribunal that he had been ordered to treat informant Adrienne McGlinchey other than in accordance with Garda procedure.
He claimed the tribunal had clearly indicated that no member of the Garda would suffer any negative consequences if he co-operated with it, and he had done so at all times.
Mr Whelan, who appeared with Paudge Dorrian, a solicitor for members of the Garda at the tribunal, said that the transfer breached Mr Justice Morris's guarantee. It also breached his client's rights to constitutional justice, fair procedures, human rights and equality of employment legislation, he added.
The judge said Garda Rattigan's application raised an issue that Garda Rattigan had asked for, and should have been entitled to have, legal representation by way of a solicitor and counsel. The judge said also that he should have been entitled to adduce evidence before a final appeal body, the review board.
Judge Gilligan said Garda Rattigan claimed he had been advised that, pursuant to the Garda code, he was only entitled to attend the final appeal himself, with a nominated member of the force to attend and present the case.
Garda Rattigan further claimed he had been informed by his authorities that he would not be allowed legal representation.
In his affidavit to the court, Garda Rattigan said Mr Justice Morris had clearly indicated in his opening statement to the tribunal in 2004 that no member of the Garda Síochána would suffer negative consequences if he or she co-operated with the tribunal in giving evidence.
Garda Rattigan said that since the publication of the first tribunal report his reputation had never been called into question in relation to any matter that came before the courts.
It had not been until a year after the first Morris tribunal report that he had been notified of the permanent transfer to Cabra in Dublin, which had subsequently changed to Sligo town.
He said he had given evidence to the tribunal that certain investigation matters had not been handled in accordance with correct Garda procedure. However, they had been handled in accordance with orders from his superiors at the time.
"I followed those orders and I am now being penalised for so doing, notwithstanding the assurances of the opening statement of the Morris tribunal," Garda Rattigan told the court.
His application, including the stay on the implementation of any transfer, was adjourned until October 9th.