Morris tribunal: The Morris tribunal has refused an application by Frank McBrearty jnr to have his legal team granted its costs and to cross-examine four gardaí who questioned him before he submits to cross-examination.
It also directed Mr McBrearty to return to complete his evidence before the inquiry next Tuesday.
Mr McBrearty also requested access to all interview notes taken and statements made by the four gardaí during their careers, and an explanation why the tribunal wanted his medical records.
Tribunal chairman Mr Justice Frederick Morris said he did not see how such a "trawl" was "relevant or of assistance".
"The trawl suggested by Mr McBrearty jnr would be an unwieldy and unreasonable undertaking having regard to the discrete issue with which I am concerned."
He had "considerable difficulty" in getting the full story from Mr McBrearty jnr in respect to his two detentions in December 1996 and February 1997.
"The tribunal has recently exercised considerable time, resources and patience in trying to procure from him his full evidence in relation to what he says happened to him in the course of his detentions.
"So far he has not provided the full co-operation which the tribunal needs in order to investigate his complaints. It is unrealistic to make application to the tribunal to extend its investigation to other areas when he has failed to complete his evidence in relation to the very issues which are the subject of the terms of reference."
He said gardaí against whom Mr McBrearty jnr made allegations had a constitutional right to cross-examine him, and the question of Mr McBrearty jnr's medical records would be dealt with in private correspondence.
Meanwhile, the tribunal continued its inquiry into the detention of Frank McBrearty snr, who was arrested on the evening of December 5th, 1996, and admitted to hospital that night.
Custody officer Garda PJ Thornton said he was not made aware of a letter from consultant physician Dr Brian O'Callaghan saying that it would "not be in his best interest" if Mr McBrearty snr was interviewed and subjected to stress after his release back into Garda custody on December 12th.
In a report in April 2000, Mr Thornton said if he had known of the letter he "would have stopped his interrogation". He told the tribunal "someone" made a decision "to avoid giving me the letter".
Sgt Sylvie Henry said he was shown a copy of the letter, and later brought it to the attention of senior officers in the station, Det Insp John McGinley and Det Supt Joe Shelly.