Pressel v. State , 163 Ga. App. 188 ( 1982 )

Carley, Judge,

concurring specially.

I completely agree with the majority’s holding affirming the conviction of the appellants. However, I want to make an additional comment with regard to Division 3 of the opinion. In Division 3, the majority holds that disclosure of the identity of the informant was not required because “the informer was a mere tipster.” The appellants contend that the informant was not a mere “tipster.” It is my opinion that even if the informer were not a mere tipster, the trial court did not err in failing to require disclosure of the identity of the informant. In Thornton v. State, 238 Ga. 160, 165 (231 SE2d 729) (1977) our Supreme Court relying upon Roviaro v. United States, 353 U. S. 53 (77 SC 623, 1 LE2d 639) (1956), held that if the informer is not a “pure tipster,” “the due process concept of fundamental fairness [requires] that the public interest in protecting the flow of information to law enforcement officials be balanced against the right of the accused to a full and fair opportunity to defend himself.” Thornton v. State, supra at 164. My review of the record indicates that there was sufficient evidence upon which the trial court could have found that the right of the accused to require disclosure did not outweigh “the public interest in protecting the flow of information to law enforcement officials.” Thus, regardless of the status of the informer, the trial court did not err in denying the motion for disclosure.