Tribunal chairman Mr Justice Morris yesterday ruled that the legal costs of Katrina Brolly and Det Garda John Dooley would be paid by the State as the evidence they gave was their honest belief of what happened.
The sub-module into the detention of Mrs Brolly was completed yesterday and the chairman said he would make a decision about the costs of two parties. He said he would bring out his report later.
Mrs Brolly was one of 12 people detained in December 1996 in connection with the death of cattle-dealer Richie Barron.
At the beginning of the module Det Garda Dooley changed his evidence and admitted he mistreated Mrs Brolly and her sister, Róisín McConnell. Det Sgt John White also admitted mistreatment.
The chairman said that even though at times the evidence was contradictory, there was no suggestion made to him that either Mrs Brolly or Det Garda Dooley was deliberately attempting to mislead the tribunal or obstruct it in its work.
In the case of Det Garda Dooley, insofar as there was any conflict between his evidence and that of any other party, it had been suggested that this was to be accounted for by some psychiatric problems the garda had, he said.
"But I stress that neither in his case nor in Mrs Brolly's case has the case been made to me that either of these two parties is attempting to mislead or obstruct the tribunal and it is accepted that the evidence that they've given is their honest belief of what transpired on the occasion," the chairman said.
In those circumstances, he saw no reason why he should await any further submissions about awarding costs to either of the two parties, he said. He directed the costs of Mrs Brolly and Det Garda Dooley be paid by the State.
The tribunal will inquire into each of the 12 detentions and the chairman will bring out separate reports after each sub-module. The tribunal was adjourned until Monday, April 24th, when it will begin the second sub-module in this section, inquiring into the detention of Mark Quinn.