Morris tribunal:A Co Donegal man yesterday refused to give evidence at the tribunal and in repeated exchanges with the chairman, claimed it was not a true and thorough investigation.
Hugh Diver was asked to return today to the tribunal after Mr Justice Frederick Morris warned that if there was non-co-operation, he would apply to the High Court which could sequester Mr Diver's assets and fine him for every day he refused to appear.
Mr Diver was summonsed to appear in the module looking into allegations that a device found on a television mast at Ardara, Co Donegal, on November 21st, 1996, was made by a garda and planted there for the purpose of arresting a number of people including Mr Diver, the late Anthony Diver and Bernard Shovlin, their brother-in-law.
Yesterday Mr Diver began by refusing to take the oath on the same Bible that gardaí had previously used. He said he was not going to answer any questions. When he received the summons it was already opened and that was a typical example of how the tribunal was conducted from day one, he claimed.
The problem could not be solved there because at this moment he was taking a case in the High Court on another issue concerning gardaí, he said. "Why I think it's wrong is the McBrearty family came here from Donegal and were treated like dirt," he said.
When Peter Charleton SC, for the tribunal, asked who had said that to him, he replied: "Themselves." Mr Diver said he had not read any of the tribunal reports.
"It's not a true inquiry because what this tribunal is trying to do is make scapegoats of a few guards in Donegal and let the people whom I believe are responsible away, the ones at the top."
He said he was not going to give evidence as it was not a true and thorough investigation.
Mr Justice Morris asked: "Do you think that this is what I'm doing, that I'm sitting on a sort of charade in order to blame certain guards so as to let others get away with it? Is that what you think I'm doing?" "That's what I think, yes," Mr Diver replied.
The chairman asked what he had to back that statement up.
He replied: "I'm not going to discuss it until I go to the High Court." Mr Justice Morris asked if he acknowledged the summons and that he had an obligation to give evidence. "Do you tell me now that you are not going to give evidence?"
Mr Diver replied: "Yes."
Mr Justice Morris said he expected co-operation from citizens and it was all very well for him to get up on his high horse and say he was not co-operating but what was he to think of him?
Mr Diver replied: "I don't care what you think of me."
Mr Charleton said in July 2002, an application was made by solicitor David Walley and he was still on record as representing Mr Diver. He suggested that Mr Diver return this morning and that Mr Walley could come to the tribunal and say why he was not prepared to represent Mr Diver.