This week a suspended detective sergeant took on the Morris tribunal in the courts but failed to have a module of the inquiry halted. Christine Newman reports.
The Morris tribunal will go ahead with the so-called Burnfoot module in private session on Monday. It had been stopped for a week while John White, a suspended detective sergeant, brought his legal case.
He was attempting to have this section of the inquiry adjourned until a criminal trial in which he is being prosecuted is completed.
White failed in his attempt and the module will proceed to look into an allegation that he planted a sawn-off shotgun in a Travellers encampment.
He denies the claim which was made by another garda detective, Thomas Kilcoyne, who will be the first witness on Monday. White is now listed to be the second witness in the Burnfoot module.
His solicitor, Patrick Dorrian said after the Supreme Court decision against them yesterday that although somewhat disappointed, they were quite happy. However, they would be mindful of any prejudice appearing during the course of the hearings.
His client's position had always been that he wanted to give his version, Dorrian said.
White (50), who is involved in other tribunal modules, had an impeccable record and a fine reputation in the Garda Síochána.
A Co Tipperary man, married with a family and living in Ballybofey, Co Donegal, he joined the force nearly 30 years ago. He was involved in solving many major cases, including those connected with Northern Ireland.
He went to Co Donegal in 1997 when he was sent to Raphoe on a temporary basis. Promotion to detective sergeant followed with a transfer to Letterkenny.
Today, White is suspended from the force. He has fought the allegations against him concerning corruption in the Co Donegal division for the last 5½ years.
Earlier this year, he was acquitted in Letterkenny Circuit Court of perverting the course of justice and making false statements. This related to allegations made by Bernard Conlon which White denies and which were the subject of the Silver Bullet module.
The Burnfoot module concerns circumstances surrounding the arrest and detention of seven people in Burnfoot, Co Donegal, on May 23rd, 1998. A firearm and ammunition were apparently found at a Travellers encampment. It is alleged that White planted the shotgun.
White was charged on June 20th, 2001, with having a double-barrelled sawn-off 12 gauge shotgun in Burnfoot on May 22nd, 1998. He denies the charge.
In June 2004, he took a High Court case seeking to prohibit his prosecution on the grounds that certain evidence had allegedly gone missing. The case was heard last June and judgment is still awaited.
His latest foray into the courts was precipitated by the decision on Friday, November 22nd, of tribunal chairman Mr Justice Frederick Morris to hold the module in private so that potential jurors in the criminal trial would not be affected.
The detective's legal team was granted an interim injunction the next day preventing the module going ahead. The Supreme Court put a stay on the module until yesterday.
The Burnfoot module is expected to take at least six weeks.