A Garda who has given evidence in the Morris tribunal into alleged Garda corruption in Co Donegal has taken High Court proceedings to have gardaí from outside the county investigate a burglary at her home.
Garda Tina Fowley today secured leave from Mr Justice Hanna to bring judicial review proceedings in which she will seek orders directing the Garda Commissioner to make a decision on her request to have investigators from outside Donegal investigate the burglary.
Mr Gerard Hogan SC, for Garda Fowley, said she is suspended from the Garda and had made critical statements to the tribunal. She had suffered a burglary recently in which material pertinent to the tribunal appeared to have been the main target, he said.
Garda Fowley was very anxious to have the burglary fully investigated but wished to ensure that members of the Donegal Division should not be involved in the investigation, counsel said.
Her solicitor had made the request in a letter to the commissioner but, other than an acknowledgement of receipt of the letter, the solicitor had had no response, the court was told.
In an affidavit, Garda Fowley, who lives in Letterkenny, said her evidence to the tribunal had manifestly put her in a situation of a clear conflict of interest with senior gardaí of the Donegal division.
After becoming involved with the Morris tribunal, she had been suspended from the force and had instituted legal proceedings in relation to that suspension.
On January 10th, last her home had been burgled and tapes of relevance to the Morris tribunal were stolen together with other material, she said. A television, jewellery, a laptop computer and property of significant value were left untouched.
Mr Justice Hanna gave Garda Fowley leave to seek an order requiring the commissioner to make a decision on her application to have the investigation of the burglary conducted otherwise than by gardaí connected with the Donegal Division.
