Government Publishes Final Two Morris Tribunal Reports

The Seventh and Eighth Reports of the Morris Tribunal were published this week by the Minister for Justice, Equality and Law Reform, Dermot Ahern, T.D.

According to the Minister, the publication of these reports represents the culmination of six and a half years of "solid, painstaking and invaluable" work by Mr. Justice Morris and his team.

Announcing the publication, Minister Ahern said: "I and the Government are deeply indebted to Mr. Justice Morris for his professionalism and diligence in getting to the truth of these matters.

"His structured approach and practice of publishing regular reports at the conclusion of each module of the Tribunal has greatly informed the profound change which has already taken place to policing practices in this State."

The 7th Report uncovers a continuing pattern of harassment of members of the McBrearty family and their agents and associates by some Gardaí in the wake of the death of Mr Richie Barron in Raphoe on 14 October 1996 - a pattern which was also evident from previous reports. The main Garda members impugned in the 7th report have previously either been dismissed or taken early retirement from the Force.

The Report also concludes that the Garda Síochána Complaints Board had neither the statutory powers nor the resources to deal effectively with events on the scale of those which emerged in Donegal.

The 8th Report is highly critical of false allegations made anonymously through two Dáil Deputies; that two Assistant Commissioners (Kevin Carty and Tony Hickey) were complicit with Detective Sergeant John White in procuring evidence by unlawful means to secure convictions - for which Detective Sergeant White was allegedly rewarded with illegitimate expenses.

These allegations were found to be utterly without foundation. The Tribunal's investigations revealed that Messrs McBrearty and ex Garda Togher had constructed the allegations out of "numerous half-truths, lies and rumours."

The Tribunal successfully identified Mr. Frank McBrearty Snr. assisted by PJ Togher, ex Garda, as the authors of the totally untrue allegations and that Mr. Martin Giblin SC was the person who conveyed the information to Deputy Brendan Howlin.

The Report is critical of the manner in which the then Deputy Higgins and Deputy Howlin handled the serious but unverified allegations.

The Tribunal is satisfied that the false allegations were given an authority to which they were never entitled by the manner in which they were presented to the Deputies and by them to the then Minister for Justice, Equality and Law Reform, Mr. John O'Donoghue T.D., and this was done in order to secure the establishment of a Tribunal of Inquiry.

The Tribunal found that the then Minister for Justice, Equality and Law Reform was called upon to act and he did.

In that context, the Tribunal recommends that the Committee on Practice and Procedure of Dáil and Seanad Éireann urgently review the manner in which members deal with "whistleblowers" allegations to guard against unfounded allegations being endowed with undeserved legitimacy by being peddled cynically to well intentioned members of the House.

Commenting on the reports, the Minister stated: "These final reports of the Morris Tribunal confirm that some persons were treated badly by individual members of An Garda Síochána.

"The events leading to the issues dealt with in these reports are already substantially known from previous reports.

"However, the disgraceful behaviour of a small number of Gardaí in Donegal during a period in the 1990s should not be allowed to overshadow the dedication to the State and to public service shown by the vast majority of members down through the years.

"In particular I deplore the manner in which completely untrue allegations against two highly respected members of An Garda Síochána were given an authority to which they were never entitled by the manner in which they were presented to certain politicians, and ultimately to the then Minister for Justice, Equality and Law Reform, Mr. John O'Donoghue T.D.

"I want especially to thank Mr. Justice Morris and his team for producing these comprehensive and conclusive reports and for the huge service they have done for An Garda Síochána and the public."