The Morris Tribunal: The High Court has refused a Garda superintendent an injunction requiring the State to pay, pending the outcome of legal proceedings, his legal costs for appearing before the Morris tribunal into alleged Garda corruption in Co Donegal.
However, the court decided there should be an early hearing of Supt Kevin Lennon's main action seeking an order compelling the State to pay those costs.
The President of the High Court, Mr Justice Finnegan, said yesterday it seemed that he should not grant the superintendent's application for an interlouctory injunction against the Garda Commissioner and Minister for Justice, under which they would pay his costs at the tribunal pending a full hearing.
The judge said he would ensure the matter secured an early hearing, and he adjourned it for mention to March 24th. If anything else was outstanding on March 24th in preparation for the hearing, he would give directions on those matters. If the case was ready to go ahead, he would give a date for hearing.
Counsel for Supt Lennon said his side may need discovery of documents unless they were told what gardaí were being represented by the commissioner at the tribunal. Mr Justice Finnegan suggested that lawyers for Supt Lennon write a letter to the other side seeking discovery.
Supt Lennon has been suspended on 90 per cent of his salary since August.
The first module of the tribunal is under way, and is dealing with the alleged planting of explosives in Co Donegal. Supt Lennon claims he has an involvement in this particular module as he believes allegations would be made which could reflect on his good name and character.
He said he intended to co-operate fully with the tribunal.However, he was unable to fund a solicitor and counsel before the tribunal from his own resources.
Supt Lennon claims his lawyer would be unable to represent him if it was proposed that he had to 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. He had applied to the State for the necessary funds on an ongoing basis, and believed it to be a term of his contract that he be provided with such monies.
In an affidavit, Mr Michael Flahive, assistant secretary at the Department of Justice, said there was no specified basis on which the claim for funding arose.
He said Supt Lennon had been granted full general representation before the tribunal last July. Letters to the Garda Commissioner on October 9th and January 8th last on behalf of the superintendent did not apply for funding as claimed but rather contained an assertion that he was entitled to funding for legal representation.
In response, the superintendent's side was advised to address correspondence to the Chief State Solicitor, who was representing the commissioner. Mr Flahive said Supt Lennon had had adequate opportunity to make the application.