Det Sgt John White, who featured prominently in the Morris tribunal, has withdrawn High Court proceedings aimed at quashing a decision of the Garda Commissioner to direct a sworn inquiry into alleged breaches of discipline by him.
Meanwhile, the High Court has reserved judgment on separate proceedings by Det Sgt White challenging a decision of the Morris tribunal to hear detailed evidence about his medical health in public.
Det Sgt White claims he suffers from "extreme stress and anxiety" and is unable on medical grounds to appear before the tribunal. 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 this application later.
Last September 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 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.
On the proceedings now being withdrawn Det Sgt White, Ballybofey, Co Donegal, had got leave in late 2004 from the High Court to bring an application for judicial review on grounds the Garda Commissioner had been guilty of unwarranted and unexplained delay in directing the holding of the inquiry.
Sgt White, in an affidavit, said that during District Court proceedings relating to the death of Richard Barron on October 13th, 1996, at Raphoe, Co Donegal, matters "arising during the course of the murder investigation became intermingled and repeated" and he was placed in a position where his good name and character were being constantly impugned.
He found himself in a position at the time of the Carty inquiry (an investigation carried out by assistant commissioner Kevin Carty in Co Donegal) where his superior officers were suggesting wrongdoing on his part. He was suspected of impropriety and spurious allegations were made against him.
Sgt White said this arose as a result of various complaints he had made against a number of officers in relation to a murder confession allegedly obtained from Frank McBrearty jnr in the first Barron investigation.
As a result he was regarded as a "whistleblower", a person who could not be trusted by his colleagues and was labelled as being involved in corrupt practices, he said. He was suspended from duty on June 19th, 2001, in relation to alleged firearms offences in May 1988, and subsequently charged with making false statements in relation to a Bernard Conlon.
The State had brought an application to have the proceedings struck out on grounds of delay in prosecuting them. However, when the case was mentioned yesterday, counsel for Det Sgt White said he was no longer pursuing his action and Mr Justice Iarfhlaith O'Neill struck out the proceedings and the State's motion.