Where now for whistleblowers? Is anybody going to stick their head above the parapet when the result is likely to be a bullet between the ears? Last week, the Morris tribunal investigating garda corruption issued its final report. The chairman criticised politicians Brendan Howlin and Jim Higgins for the manner in which they blew a shrill whistle. There was also criticism of senior counsel Martin Giblin, who acted for McBrearty and who was a conduit for information given to Howlin.

All three men have had their reputations assaulted for acting as whistleblowers. Their crime? One of the allegations they processed turned out to be false. The rest of the stuff – the corruption, harassment, planting of evidence, false bomb finds – that constituted the Donegal garda affair was on the button, and ultimately led to reform of the force. But they got a little bit wrong.

The moral of Morris is simple. If you're going to blow a whistle on any of the centres of power in this country, you'd better dot all your 'I's and cross your 'T's.

Allegations about garda misconduct were faxed to Higgins and Giblin on 25 June 2000. Giblin forwarded his to Howlin. The allegations originated with Frank McBrearty Snr and PJ Togher, a retired garda.

The meat of the allegations would, to a large extent, mirror the findings in Morris's eight reports, which detailed wholesale corruption by a number of officers. The total payout in civil actions as a result of Donegal could top €10m.

Among the allegations was a false one which impugned the reputation of assistant commissioners Kevin Carthy and Tony Hickey. It was alleged that both men had consorted with bent copper John White to frame innocents in Dublin. The allegation was completely unfounded. (Morris reported that McBrearty had created the allegations to fuel calls for a public inquiry.)

Howlin and Higgins forwarded their information to then justice minister John O'Donoghue. As a result, the Morris tribunal was established and dirty linen began to turn the air blue.

The two politicians were singled out by Morris in the report published last week: "The tribunal is satisfied that both deputies should have returned to their sources of information and pressed them for further information or evidence backing up the very serious allegations made against the two assistant commissioners and Detective Sergeant White," Morris stated. He also criticised Giblin for a "serious error of judgement" in handling the allegation.

In essence, the judge criticised two public representatives for not acting as private detectives. This is a tad harsh, if not ludicrous. Howlin and Higgins acted responsibly in handing the allegations over to the minister for justice. Reading the allegations into the Dáil record would have been irresponsible. Ignoring them would have been a serious dereliction of duty.

The affair has brought nothing but trouble for Howlin and Higgins. They have been to the High and Supreme Courts in an effort to protect their sources. This course of action delayed the tribunal and must have understandably annoyed Morris.

What now for a TD who comes into possession of serious allegations of anything from corruption to child abuse? Will he or she reflect on the Morris report and decide it's not worth the trouble?

Giblin has also been done a disservice. In 2000, he knew that what his clients were experiencing was like something out of a dark thriller. The McBreartys were being quietly battered into submission by the forces of the state. This was nearly four years into the affair, three years after private investigator Billy Flynn had sent 117 reports to the garda commissioner, detailing evidence of serious corruption. Precious little had been done since.

In such an environment, was it reasonable to believe that the cover-up might go all the way to the top? Giblin was caught in the centre of a row between Morris and the McBreartys over whether the Donegal family should have their tribunal fees paid in advance. The row caused many headaches for Morris.

The allegation against the cops was false, but many false allegations have been made in tribunals. Once the sifting of evidence began, it became obvious this one had no substance.

Was anybody out there under the impression that a cloud of suspicion hung over Hickey and Carthy prior to last week's report? Certainly, from the breathless tenor of RTÉ crime correspondent Paul Reynolds' report on Tuesday, listeners might have thought that vindication had finally been achieved after eight years of hell for the two men. Yet who but tribunal anoraks were aware of the unlikely allegation against the respected pair?

Judge Frederick Morris has done the state some service. His work has been central to reform of a force which now is a better place for the thousands of honest cops who do a good job. Unfortunately, in his parting shot Morris has reduced the chances of blowing the whistle on wrongdoing.

mclifford@tribune.ie