Garda Commissioner's submissions to be heard in private

MORRIS TRIBUNAL: The Morris tribunal, which is investigating alleged Garda corruption in Co Donegal, is to sit in private tomorrow to hear submissions from the Garda Commissioner in relation to documentary privilege.

The Commissioner, Mr Pat Byrne, is claiming privilege over a range of documents relating to the tribunal's first module on alleged hoax explosives finds.

It is understood that his legal counsel will argue that disclosure of such documents could compromise Garda intelligence-gathering operations or threaten the safety of informants. This claim of privilege, combined with a delay in the filing of a Garda affidavit of discovery, has delayed the beginning of the module by a month, according to the tribunal.

In a statement last month, the tribunal said that Mr Byrne had "unfortunately" sought a two-week extension of time within which to file the affidavit in response to the tribunal's order of discovery last December 5th. The Commissioner had claimed privilege over a number of documents, "resulting in the tribunal being unable to study these until that claim is clarified", the statement read. In addition, "further documents, which are claimed to be privileged, have yet to be delivered".

Submissions from the Garda will be heard in camera prior to the beginning of oral evidence on the module next Monday.

Some 141 witnesses have been listed to give evidence.

Key figures to be called in initial hearings include Ms Sheena McMahon, the estranged wife of suspended Det Garda Noel McMahon; and Ms Adrienne McGlinchey, the alleged IRA informant who claimed to have planted hoax explosives in order to help certain officers gain promotions within the force.

Meanwhile, the tribunal chairman, Mr Justice Morris, is likely to give a ruling on Friday on whether the tribunal will order Labour TD Mr Brendan Howlin and Fine Gael senator Mr Jim Higgins to disclose confidential documents to it. The two parliamentarians and two Oireachtas committees have indicated their intention to appeal to the High Court any ruling which demanded disclosure.