A module of the Morris tribunal has been halted by the Supreme Court today minutes after the way was cleared for the hearings by the High Court.
The Supreme Court overturned a decision by the High Court, which rejected an application by a suspended detective Garda to prevent the Morris tribunal from investigating certain allegations against him.
Mr Justice Paul Butler
The High Court rejected the application by Det
Sgt John White for judicial review to stop the tribunal opening its module into claims he planted a sawn-off shotgun at the Burnfoot Traveller camp in Donegal in 1998.
Criminal proceedings against the 51-year-old are under judicial review. Det Sgt White claims the opening of the Burnfoot module would prejudice his right to a fair trial. He said it would threaten his right to silence and provide a dry run for the prosecution in a criminal trial.
John Whelan, SC for Det Sgt White, said his client wanted the tribunal to be heard in public once the criminal case had been dealt with.
Mr Justice Paul Butler rejected the application on the grounds that admission to a tribunal could not be used as evidence in a criminal trial and the Court of Criminal Appeal frequently heard evidence for a second time. He also said there had been a delay in lodging the appeal.
"No amount of moving of the goalposts can get away from the fact that this application could and should have been made as early as mid-September last," he said. "This alone would have been a sound basis for refusing the application."
However, in the Supreme Court, Mr Justice John Murray granted a stay on the Morris tribunal, which was due to begin hearing the module in private today.
Mr Whelan told the Supreme Court that it had been indicated to him that Det Sgt White must give evidence to the tribunal. Mr Whelan also said that evidence to be put before the tribunal was word for word the same as that which would be used in a criminal trial.
After hearing argument from Mr Whelan and counsel for the tribunal, the Chief Justice made an order continuing the High Court injunction on the condition appeal papers were lodged by Thursday.
"The court is satisfied on the basis of the argument that there is a potential issue of law that needs to be resolved," he said.
The Morris tribunal, which has argued that it is not legally prevented from starting the Burnfoot module, said it would not sit voluntarily until the judgment in the case was delivered.
Mr Justice Frederick Morris decided to hold the module in private to prevent any risk of prejudice to the criminal proceedings against Det Sgt White.
Mr Whelan had told the High Court it had always been his client's position that the tribunal should hold its hearing for the module in public but had only discovered last week that this would not be the case.