A Garda Superintendent, Mr Kevin Lennon, has taken High Court proceedings for an order directing the State to pay his legal costs before the Morris tribunal, which is investigating alleged Garda corruption in Co Donegal.
The matter was adjourned yesterday for a week when Mr Robert Barron, for the State, told Mr Justice Butler they had only received Supt Lennon's statement of his claim last Thursday.
Mr Jack Fitzgerald SC, for Supt Lennon, said this was a matter of urgency as the Morris tribunal was resuming its sittings yesterday to hear witnesses.
Mr Barron said Supt Lennon was claiming he had a contractual right to have his costs at the tribunal paid for by the Garda Commissioner.
Supt Lennon has been suspended on 90 per cent of his salary since last August. He claims he secured, last July, full general representation before the tribunal.
The first module to hear witnesses began yesterday and was dealing with the alleged planting of explosives in Co Donegal. Supt Lennon claims he has an involvement in this particular module as he believed allegations would be made that could reflect on his good name and character.
He intended to fully co-operate with the tribunal, which he believed would last for months and perhaps years, but was unable to fund from his own resources a solicitor and counsel before the tribunal. His lawyers would be unable to represent him if it was proposed he wait until the tribunal ended to apply for his costs. In other tribunals, he believed, it had taken up to 10 years for legal costs to be paid.
He had applied to the State for funds on an ongoing basis and believed it to be a term of his contract that he be provided with such monies. He believed State funding for legal teams at the tribunal representing the Garda Commissioner and the Minister for Justice amounted to at least €17,500 a day. Funding for his legal costs would be a fraction of that, he said.