Five Donegal-based gardaí criticised in June's Morris Tribunal report have not taken up duties in Dublin after being served notice of their transfer from the region, it has emerged.
MEP Jim Higgins said the Minister for Justice Michael McDowell should explain why the men have not been transferred as promised by the Garda Comissioner in the wake of the High Court judge's second damning report.
Commissioner Noel Conroy said the five men would be transferred "in the interests of efficient and effective policing and morale". He said he wanted to "give them a job in a supervised situation".
However, Martin Anderson and Martin Leonard from Letterkenny Garda Station, Thomas Rattigan of Buncrana, James McDwyer of Ballybofey, and Patrick McDermott of Lifford, have yet to move.
A Garda spokeswoman today confirmed the five men had been served with letters informing them of the Commissioner's decision to move them but subsequent events meant they none of them were currently serviing in Dublin.
She said one officer, understood to be Garda Anderson, lodged an appeal against the transfer and has remained serving in Donegal pending the outcome. Another officer, believed to be PJ McDermott, has retired and Garda Leonard, Garda Rattigan and Garda McDwyer are understood to be on sick leave.
Mr Higgins, one of the public representatives responsible for exposing corruption in the Donegal region, said the men should have been suspended pending an internal investigation.
They were criticised in the Morris report which found that senior gardai were "utterly negligent" in their investigation in to the death of Donegal cattle dealer Richie Barron.
It also found that gardai attempted to frame Frank McBrearty Jr and his cousin Mark McConnell for murder, despite there being no evidence to support the suspicion.
A spokesman at the Department of Justice said Mr McDowell had no comment to make as the issue was a matter for the Garda Commissioner.