No-nonsense judge lays down some early markers for swift inquiry
THE temporary demise of the public tribunal model for over a decade was due in no small part to the length of time they took to come to a conclusion.
The last one focussing on Garda conduct, the Morris Tribunal, involved six different reports between 2002 and 2008 on corruption and deceit in the force’s Donegal division.
Prior to his elevation to the bench, Mr Justice Peter Charleton was counsel for that tribunal.
So he knows more than most about the propensity for tribunals to drag on for years.
With the tribunal model now revived to investigate allegations of conspiracies against Sgt Maurice McCabe and other whistleblowers, Mr Justice Charleton is in no mood for a repeat of previous marathons. In a sign of how he wishes to proceed with the Disclosure Tribunal, he announced yesterday he wanted all submissions and evidence to be with the tribunal’s lawyers within a fortnight. As opening statements go, his was decidedly no-nonsense, setting down clear markers for how he wished to proceed.
Liars and people who obfuscate will not be tolerated. Those whose reputations are at stake will be allowed legal representation, but there will be no draft reports or last minute efforts to change the findings of the tribunal.
The speed with which the tribunal will proceed was emphasised. The judge’s very first sentence referred to the need for the tribunal to “urgently” inquire into a range of matters.
Later on, he said: “We are expected to get on with our work with dispatch and to reach conclusions rapidly.”
The tribunal is due to report in nine months’ time.
Whether or not this is a realistic prospect is anybody’s guess, but Mr Justice Charleton is clearly hoping to meet this deadline.
It will be some challenge. The allegations are not easy ones to unravel.
A central concern of the tribunal is whether “thoughtthrough malice” led to media briefings taking place against “individuals who rock the boat”.
“As if that is not enough, there is the additional question as to whether those who air concerns about poor policing may also be targeted and attacked as to their family life and as to their adherence to basic standards of human decency,” he said.
It is tricky territory to navigate, particularly when issues of journalistic privilege and attorney-client privilege are thrown into the mix. The tribunal will most
likely have to make big decisions on these issues.
In an effort to head off any challenges, Mr Justice Charleton said his basic touchstone would be fairness and there should be no need for judicial reviews which caused inordinate delays for other tribunals.
“If a person has a problem, that person should, first of all, apply to the tribunal in a genuine manner,” he said.
It was a hopeful plea. Time will tell how effective it will have been in attempting to avoid legal quagmires which afflicted previous tribunals.