The High Court has rejected claims by Det Sgt John White that a decision by the Morris tribunal to hear in public evidence relating to his mental health breaches his constitutional rights to privacy and bodily integrity.
Mr Justice Joseph Finnegan yesterday said he was satisfied that the interests of Det Sgt White in relation to his medical condition were outweighed by the public interest in having the proceedings of the tribunal conducted in public.
Proceedings held in public were more likely to engage the confidence of the public in the tribunal's findings and recommendations, he said.
The chairman of the tribunal, Mr Justice Frederick Morris, had made "very considerable concessions" to Det Sgt White in agreeing to request the media not to report on the evidence and in directing that only Róisín McConnell, who made complaints against Sgt White, and close members of her family should be permitted to attend the hearing, along with counsel for the sides. This was a "proportionate and a considerate and generous response" to Det Sgt White's concerns, the judge held.
In September last, Det Sgt White failed to answer a summons to appear at the tribunal, which was told he was too unwell and in hospital. He was due to give evidence in relation to allegations made by Ms McConnell that she was verbally abused and pushed by the detective after she was detained by gardaí.
Det Sgt White rejects the allegations.
In judicial review proceedings, Det Sgt White claimed the decision of the tribunal to hear the evidence relating to his medical health in public is a breach of his constitutional rights.
The tribunal has brought a separate application claiming Det Sgt White is in contempt of a summons to appear before it.
Ruling on Det Sgt White's proceedings yesterday, Mr Justice Finnegan said it was Det Sgt White's decision that his treating doctor should not give evidence and in those circumstances, he did not consider it open to the detective to make the case he now sought to make, that to give evidence would represent a real risk to his health.