Disgraced Detective Sergeant John White will fight to clear his name in the European courts, his lawyers vowed today.
Det Sgt White was branded a corrupt, manipulative liar by Mr Justice Frederick Morris in three reports published yesterday into corruption among Donegal gardaí.
One of the reports found that Det Sgt White, who is under suspension, planted a shotgun at halting site in Burnfoot and subsequently arrested residents in connection with the "find".
However, last month Det Sgt White was found not guilty of the offence in Letterkenny District Court. Det Sgt White later lost a Supreme Court action seeking to prevent publication of the Morris tribunal findings.
He is now considering taking a civil action through the Irish courts system and his solicitor, Paid Dorrian, said his client was prepared to take the case all the way to the European courts.
"It appears to me that the only resource may be Europe. We have to go through the formalities in the Irish courts first and then take the matter to Europe on the European Convention of Human Rights," Mr Dorrian said.
"White is entitled to his good name and reputation as declared by a judge and jury and he can hold that against all others; that is what the Supreme Court and High Court have said."
Mr Dorrian said he had to accept the tribunal findings but described the situation as unprecedented with Judge Morris in effect reversing the verdicts of a judge and jury.
Legal expert Professor Tom O'Malley said that although Det Sgt John White was found not guilty of the offence in a criminal court, there are very few grounds upon which he can challenge the findings.
The result therefore, "leaves us in a very unsatisfactory state," he told RTÉ radio.
"On the one hand, Tribunals are there to establish facts and perhaps to make recommendations, but they're not there to make findings of guilt in the sense of being able to impose any punishment on anybody.
"On the other hand, once they do make a finding of this kind which refers to a specific individual, it is very serious for that individual in terms of reputational damage that has been caused," Prof O'Malley said.
He said that if Det Sgt White was dismissed from the gardaí on foot of the findings, then he may be able to challenge that.
Det Sgt White (50), from Ballybofey, was twice cleared of corruption in court. In February 2005 he was acquitted by direction of the trial judge of attempting to pervert the course of justice and making false statements.
The Morris tribunal also found Det Sgt White had separately planted an explosive device at a telecommunications mast in Ardara to discredit protesters at the location.
Det Sgt White is currently suspended over the Ardara affair. He has applied to take retirement, but his first application was refused, and it is understood he does not intend returning to active duty.
Additional reporting PA