The High Court has reserved judgment on a challenge by Det Sgt John White to a decision of the Morris tribunal to hear detailed evidence about his medical health in public. The court was told Det White suffered from "extreme stress and anxiety".
Det White contends he is unable on medical grounds to appear before the tribunal but the tribunal has brought a separate application claiming Det Sgt White is in contempt of a summons to appear before it. The court will determine the tribunal's application later.
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 Róisín McConnell that she was verbally abused and pushed by the detective after she was detained by gardaí. Det Sgt White rejects the allegations.
The detective claims the decision of the tribunal to hear the evidence relating to his health in public is a breach of his constitutional rights.
President of the High Court Mr Justice Joseph Finnegan said he hoped to give a decision on the matter by the end of next week.
Det Sgt White claims the tribunal chairman Mr Justice Frederick Morris had refused to hear evidence in private from his consultant psychiatrist, Dr Lewis O'Carroll, and failed to have any regard for Dr O'Carroll's opinion that Det Sgt White was unfit to attend the tribunal.
Mr Patrick J McCarthy SC, for the detective, told the court that detailed matters relating to his client's mental health should be heard by the tribunal in private.
The tribunal was not set up to inquire about "collateral matters" such as the health of his client but rather to inquire into the alleged actions of gardaí in the Co Donegal area, he said.
While the nature of Det Sgt White's illness had been made known to the tribunal, it was the "disclosure of the detail" in public which he objected to. Det Sgt White suffered from "extreme stress and anxiety".
Following the publication by the tribunal of a number of reports concerning the detective in August last, his client required residential medical care, counsel said. Det Sgt White had co-operated with the tribunal, had always attended, and "never refused to answer a question", he argued.
Asked by Mr Justice Finnegan about the current state of Det Sgt White's health, counsel said his ability to give evidence would be reviewed in the new year.
Opposing the application, Paul Coffey SC, for the tribunal, said it was obliged to do its business in public.
The matters raised by Ms McConnell were of urgent public importance and the tribunal was only allowed hear matters in private in specific circumstances, such as matters relating to pending criminal proceedings.