The High Court will give its judgment next week on an application by Garda Tina Fowley for an order directing the Garda Commissioner to appoint investigators from outside Donegal to investigate the theft from her home of tapes which she says are relevant to the Morris tribunal.
Garda Fowley, who has given evidence to the tribunal, is currently suspended. Her application was opposed by counsel for the Garda Commissioner who argued that those Donegal-based gardaí who are investigating the burglary are impartial, fair-minded and independent in relation to their duties.
Mr Justice Frank Clarke said yesterday he would give his judgment on Wednesday.
Garda Fowley, in an affidavit, said since the setting up of the Morris tribunal into certain gardaí in Donegal, she had given evidence regarding "certain acts, including serious misconducts on the part of certain senior members of the Donegal division".
Her evidence to the tribunal, she said, had put her in a situation of clear conflict of interest with senior gardaí in Donegal. Subsequent to her becoming involved with the tribunal, she had been suspended from the force. She had instituted legal proceedings in relation to her suspension.
Last January, her home in Letterkenny was burgled and tapes of relevance to the tribunal were stolen, she said. A TV, jewellery, a laptop computer and other property of significant value were left untouched.
On February 3rd, her solicitors wrote to the Garda Commissioner saying that in light of the background, it was inappropriate that it be investigated by the Donegal division as a clear conflict of interest existed between her and senior gardaí there.
Det Inspector Michael Keane of the Donegal division, in an affidavit, said that on January 28th he and another detective called to Garda Fowley. They asked if she was satisfied with the investigation. She was informed of the names of the gardaí involved in the investigation and she said she had no problem with it.