The Morris tribunal into allegations of misconduct by some gardaí in Donegal has been temporarily halted after a detective sergeant yesterday won a Supreme Court order staying proceedings.
A module of the tribunal which was due to have begun in private last Monday has been stopped by an order of the Supreme Court until Friday, when the appeal of Det Sgt John White will be heard.
Yesterday's proceedings began in the morning when Det Sgt White was in court to hear the High Court reject his case to have the module adjourned until the completion of a criminal trial in which he is being prosecuted.
However, immediately after judgment was given, his legal team moved swiftly down the corridor to the Supreme Court where a stay was put on the module being heard until the appeal.
Det Sgt White (50), a suspended detective in the Co Donegal division, is at the centre of the Burnfoot module of the tribunal, in which it is alleged he planted a shotgun in a Traveller encampment. He strongly denies this.
The module deals with the same issues and witnesses as the criminal trial.
The detective is also taking other High Court proceedings in relation to his trial; 4½ years after he was charged, these are still pending.
He was charged on June 20th, 2001, with possession of a double-barrelled, sawn-off, 12-gauge shotgun in Burnfoot on May 22nd, 1998.
He is trying to prohibit his trial on grounds that essential exhibits have gone missing. The High Court judgment is still awaited. It is expected there will be a Supreme Court appeal whatever the decision.
In the case concerning the adjournment of the Burnfoot module, the Supreme Court will hear the appeal on Friday and judgment could be given then due to the urgency of the case.
If it rules in favour of the tribunal, then the module will resume in private immediately. If the judgment is on Friday, the module will begin next Monday.
If Det Sgt White wins his case, the tribunal will begin another of the remaining six modules in its place. This could cause a delay of a couple of weeks as documents and statements would have to be organised and witnesses notified.
Last Saturday lawyers for Det Sgt White secured an interim High Court order preventing the Burnfoot module from proceeding.
A judicial review leave application was heard by Mr Justice Paul Butler on Monday with an application for an injunction deferring the Burnfoot module pending the outcome of the criminal case.
Mr Justice Butler yesterday refused to grant either an injunction or leave for judicial review proceedings.