Courts / Donegal / Report

Garda challenges findings of Disclosures Tribunal

Date
2018-11-12

Stage
Hearing Or Decision

Primary locality
Donegal

County
Donegal

Summary

Garda Keith Harrison has launched a High Court challenge seeking to quash findings made against him in reports from the Disclosures Tribunal. The Donegal-based officer alleges a prior professional involvement between tribunal chair Mr Justice Peter Charleton and witness Chief Superintendent Terry McGinn, stemming from the Morris Tribunal (2002-05). Harrison's solicitors argue this relationship breaches natural and constitutional justice and Article 6 of the European Convention on Human Rights. They seek orders to quash findings in the second and third interim reports, prohibit further publication of those sections, and preclude the judge from dealing with other matters relating to Harrison. The tribunal previously rejected Harrison's request to set aside the reports, describing the steps as "absurd and repugnant." In the interim reports, Mr Justice Charleton found that allegations examined by the tribunal, including those made by Harrison and his partner Marissa Simms, were "entirely without any validity." Harrison had alleged he was the victim of a five-year intimidation campaign following a 2009 arrest of a fellow officer for drink driving in Athlone, and that Simms was compelled to make a statement against him, leading to a Tusla referral. Permission to bring the action was granted on an ex-parte basis by Mr Justice Seamus Noonan, who found arguable grounds had been raised. The matter was adjourned and will return before the courts in two weeks.