Progress of the Morris Tribunal: Statement of November 11th, 2008.
The Tribunal has now concluded the hearing of all evidence covering each of its Terms of Reference.
The Tribunal commenced hearings in respect of its final module concerning the alleged harassment of members of the McBrearty family (Term of Reference (c)), and the effectiveness of the handling of complaints by the Garda Complaints Board (Term of Reference (j)), in mid July 2007. It resumed its hearings on these matters on the 17th September 2007. The Tribunal recently concluded the taking of evidence in respect of Allegations of Harassment of the McBrearty family and its associates (Term of Reference (c)). It then heard the evidence concerning the effectiveness of the Garda Complaints Board inquiry process (Term of Reference (j)). The Tribunal has completed its reports in respect of this Term of Reference (c) and (j). This report was delivered to the Minister for Justice, Equality and Law Reform on Thursday 25th September 2008.
It concluded the evidence in respect of allegations made to members of Dáil Eireann concerning senior Garda Officers and others (Term of Reference h) during the course of 2007. The Tribunal has completed its report in respect of this Term of Reference (h). This report was delivered to the Minister for Justice, Equality and Law Reform on Thursday 25th September 2008.
The Tribunal also completed all of its work on the module concerning the Arrests and Detentions of members of the McBrearty and extended Quinn families (Term of Reference b). This module was commenced in late March 2006 and the Tribunal completed the hearing of evidence and submissions in respect of the twelve persons detained in the course of the Barron investigation in 2006-2007. It also completed the hearing of evidence and submissions in respect of the circumstances surrounding the arrest and detention of Frank McBrearty Junior on the 4th February 1997 and his subsequent prosecution in the Circuit Criminal Court in relation to an alleged assault in December 1996 on Edmund Moss (Term of Reference f). Hearings in respect of the “Alleged Bugging” of interviews between solicitors and other visitors and detainees during the course of their detention in Letterkenny Garda Station in December 1996 have also been concluded. The Tribunal has completed its report in respect of the various arrests and detentions spanning Terms of Reference (b), (d), and (f).
This report was delivered to the Minister for Justice, Equality and Law Reform on Thursday 24th April 2008.
The Tribunal began work under the Chairman and sole member of the Tribunal Mr Justice Frederick Morris, in early June 2002. The task set by the Oireachtas was to urgently enquire into and report on issues as to unethical and criminal Garda conduct. Counsel, on a preliminary basis, read an opening statement in November 2002 over 8 days.
The hearings began in March 2003. First dealt with was the issue as to the concealment of explosive substances for the purpose of fraudulent finds by some Gardaí. The medical evidence as to how the Late Richard Barron had died was interposed. That issue was part of the investigation into the Garda handling of what was assumed to be his homicide, an entirely separate matter from the explosives issue.
The Barron investigation module was heard next, including issues as to Garda informers and extortion calls. It was concluded in April 2005.After that, the Tribunal heard the module that concerned two matters: that a witness, Mr Bernard Conlon, had been planted in a licensed premises for the purpose of using him in a licensing prosecution; and that two innocent men had been arrested on the word of that same individual who had claimed falsely, allegedly at the behest of a Detective Sergeant, that they had threatened to shoot him and the Detective Sergeant with a silver bullet.
On completion, that module was followed by the hearing concerned with an issue that an explosive device had been planted on a television transmission mast in Donegal for the purpose of arresting three citizens.
On the conclusion of that module, the Tribunal heard the evidence as to the arrest of seven members of the Irish Traveller Community at Burnfoot as an apparent result of the discovery of a sawn-off double-barrelled shotgun there: one that certain Gardaí were themselves alleged to have planted for this purpose.
The Tribunal heard evidence for 686 days. It has issued eight substantial reports. The following table shows progress to date, as follows:
Morris Tribunal Progress Table, November 11th 2008
Module |
Term of Reference |
Report Issued |
Status of Enquiry |
1) Planting of explosives for the purpose of fraudulently finding same. |
E |
Report I, issued in June 2004. |
Completed |
2) The Garda investigation into the death of the Late Richard Barron. |
B1 |
Report II, issued in June 2005. |
Completed |
3) The use of informants in a Garda investigation. |
B2 |
Report II, issued in June 2005. |
Completed |
4) The interrogation of suspects in Garda custody. |
B3, C and F
|
Report VI, delivered to the Minister for Justice on April 24th, 2008. |
Completed |
5) Extortion phone calls to the Peoples family. |
A |
Report II, issued in June 2005. |
Completed |
6) The alleged planting of an agent in a licensed premises and false allegation of a ‘silver bullet’ threat against him and a Garda sergeant. |
D |
Report III delivered to the Minister for Justice in May 2006. |
Completed |
7) The alleged planting of a bomb on a transmission mast and the consequent arrest of three people. |
G |
Report IV delivered to the Minister for Justice in May 2006. |
Completed |
8) The alleged planting of a gun and the consequent arrest of seven people. |
I |
Report V delivered to the Minister for Justice in May 2006. |
Completed |
9) Anonymous allegations of Garda corruption at the highest level. |
H |
Report VI, delivered to the Minister for Justice in September 2008. |
Completed |
10) Effectiveness of the Garda Complaints Board and the serious harassment of citizens. |
C and J |
Report VIII delivered to the Minister for Justice in September 2008. |
Completed |
