Senator Jim Higgins of Fine Gael yesterday withdrew his High Court challenge to an order of the Morris tribunal directing him to discover certain of his phone records and other documents.
However, a challenge by Labour Party TD, Mr Brendan Howlin, to a similar discovery order is proceeding.
In Mr Higgins's case, the phone records were sought by the tribunal as part of its efforts to establish the source of confidential material faxed on June 25th, 2000, to Mr Higgins, which material contained certain allegations suggesting the Carty Garda inquiry into alleged corrupt activities by some gardaí in Co Donegal had been compromised.
Yesterday, Mr Gerard Hogan SC, for Mr Higgins, said his client was maintaining his argument for the right of a politician to protect their sources. However, in light of "startling and unexpected" developments outside his control, Mr Higgins was now prepared to disclose to the tribunal, through production of his phone records, the identity of the person who had telephoned him telling him to expect the fax in question.
Counsel stressed Mr Higgins was disclosing this information only because the conduit of his information had contacted him this week and released him from the obligation not to disclose the conduit's identity.
Mr Hogan argued there was now no need for the tribunal to enforce the "wide-ranging" discovery order, made last February, against Mr Higgins. Mr Michael Collins SC, for the tribunal, said the issue of whether the order was enforced or not was a matter for the tribunal.
In those circumstances, Mr Justice Kearns struck out Mr Higgins's proceedings against the Morris tribunal, and reserved the issue of costs pending the outcome of the action by Mr Howlin.
The case continues today.
