Tribunal findings should be quashed over alleged prior interaction between judge and Superintendent, High Court told

A Donegal-based garda has brought High Court proceedings seeking to quash findings made against him by the Disclosures Tribunal, on grounds of alleged bias. Garda Keith Harrison contends that the tribunal's chairman, Mr Justice Peter Charleton, had prior professional involvement with Chief Superintendent Terry McGinn, a key witness in the tribunal's examination of his complaints. The alleged prior engagement dates to between 2002 and 2005, when Mr Justice Charleton was Senior Counsel to the Morris Tribunal and Chief Superintendent McGinn served as Garda liaison to that inquiry. Garda Harrison argues no reasonable observer could regard the judge as impartial in light of this interaction. The State opposes the application, asserting the professional involvement was minimal and does not demonstrate bias or raise reasonable apprehension thereof. The State further contends Mr Justice Charleton was not obliged to recuse himself or disclose the prior engagement. The hearing before Ms Justice Aileen Donnelly commenced on Tuesday and continues.