Garda Keith Harrison challenges findings of Disclosures Tribunal

The Donegal-based Garda who was strongly criticised in the Tribunal's interim reports has brought the action on the grounds of an alleged prior connection between the Tribunal chair Mr Justice Peter Charleton and a witness before the inquiry, Chief Superintendent Terry McGinn.

The alleged prior connection related to when the Chief Superintendent was the Garda liaison to the Morris Tribunal, which considered allegations about Gardai in Donegal, between 2002 and 2005 when Mr Justice Charleton was that Tribunal's Senior Counsel.

Solicitors for Garda Harrison say they wrote to the Tribunal seeking to have the reports about their client set aside.

In a reply, the Tribunal said the steps sought on Garda Harrison's behalf "were absurd and repugnant to the duty to the Oireachtas and the people of Ireland".

In his action, Garda Harrison seeks an order from the High Court quashing findings made in the Tribunal's second interim report and the findings of the third interim report in so far as it relates to Garda Harrison.

He also seeks orders prohibiting the further publication of the second interim report and the parts of the third interim report that relate to him, and that the Judge be precluded from dealing with any other matters relating to Garda Harrison and the Tribunal.

He further seeks a declaration that the judge has acted in breach of the Garda's rights to natural and constitutional justice and under Article 6 of the European Convention on Human Rights.

Permission to bring the action was granted, on an ex parte basis, by Mr Justice Seamus Noonan, at today's sitting of the High Court.

The Judge said he was satisfied that arguable grounds had been raised to allow Garda Harrison bring the action.

The case will return before the courts in two weeks time.

Seeking permission to bring the action Mark Harty SC for Garda Harrison said the Disclosures Tribunal rejected allegations made by Garda Harrison and his partner Marissa Simms and had exonerated others they made complaints about.

The couple's claims included that Ms Simms was compelled by gardaí to make a statement against him which led to a Tusla referral.

Garda Harrison also alleged he was the victim of a five-year intimidation campaign after arresting a fellow officer for drink-driving in Athlone in 2009.

In an interim report, Mr Justice Charleton said all of Garda Harrison and Marisa Simm's allegations examined by the tribunal were "entirely without any validity.”

Mr Justice Charleton also praised highly the conduct of the chief superintendent and her management of the Donegal Division, counsel said.

This was in contrast to its comments on Garda Harrison who was criticised, counsel said.

Chief Superintendent McGinn was the officer in charge of the Donegal division and was a key witness in relation to matters contained in protected disclosure made by Garda Harrison.