The Minister for Justice is free to immediately publish three more reports of the Morris tribunal investigating Garda corruption in Co Donegal as a result of a ruling of the High Court this afternoon.
Mr Justice Frederick Morris, chairman of the Morris tribunal.
The President of the High Court, Mr Justice Joseph Finnegan, rejected an application by Detective Sergeant John White to prevent publication of the reports.
Mr John Whelan, SC for Det White, had argued that publication would negate the effect of two jury acquittals of Det White on criminal charges, including an acquittal last week of planting a shotgun at a Traveller's camp at Burnfoot in Co Donegal and an acquittal in early 2005 on charges of perverting the course of justice and making false statements.
Mr Whelan said his side was concerned the tribunal reports may include findings that would tend to infer Det White was guilty of one or all the charges levied against him, notwithstanding the fact he was acquitted.
"Sergeant White, the Corrupt Guard" will be the kind of newspaper headlines resulting from publication of the reports, counsel said. Publication would be "unfair and oppressive" and equivalent to saying the jury "got it wrong". The State was trying to "push out" the reports and negative the good effect of his client's acquittals, he said.
Any good effect of the acquittals will be set at nought if the tribunal reports say or infer he is guilty, Mr
John Whelan, SC for Det White
Whelan said. It would also set at nought the whole criminal justice process here and breach Det White's rights to good name, reputation and character.
However, lawyers for the Minister for Justice, the DPP and the Attorney General took the view there was no longer any bar to publication of the report as the criminal proceedings involving Det White had concluded.
The court should direct publication, which was what the Minister had always intended, and allow the reports go into the public domain, it was argued.
Mr Justice Finnegan said he would direct publication of the reports and refused to grant a stay on that order until 4.30pm to allow Det White's side consider whether to bring an appeal to the Supreme Court.