Blood found in car did not match Raphoe cattle dealer, inquiry told

Blood found in the car of Mr Frank McBrearty jnr, which he earlier this week said was planted by gardaí as part of an attempt…

Blood found in the car of Mr Frank McBrearty jnr, which he earlier this week said was planted by gardaí as part of an attempt to frame him, contained his own blood type, the Morris tribunal has heard.

Tribunal barrister Mr Paul McDermott SC told the inquiry that tests carried out on the samples, which were identified by scenes of crime examiner Sgt Niall Coady, were excluded from evidence when it was found they could not be that of Raphoe cattle dealer Mr Richie Barron, but matched Mr McBrearty's own blood group.

A second blood sample did not match that of either Mr Barron, Mr McBrearty, or his cousin Mr Mark McConnell, who became murder suspects during the Garda investigation.

The samples were handed over by Sgt Coady to the internal Garda inquiry headed by Asst Commissioner Kevin Carty, and the tribunal obtained them from the Carty team.

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Mr Frank McBrearty jnr has asked the tribunal to turn over to him the material taken from his car, which he said was his property, so that he could have it independently tested.

Mr McBrearty said he was "ambushed" by the tribunal.

He said he had been asking for the sample for three years but had been unable to obtain it.

"I asked the Carty team, I asked Niall Coady, I asked the tribunal team to find out where it was," Mr McBrearty said.

"I didn't know the tribunal had it," he added.

"As far as I know your lawyers did not request an opportunity to inspect this material," Mr Justice Frederick Morris told Mr McBrearty.

"If they had they would have been afforded it.

"There is no secret attached to the fact that it is available for inspection. It is still available for inspection."

Mr McBrearty said he was "astounded" to hear the judge say his legal team had not asked for the material.

He said the tribunal legal team were misleading the judge, and he intended to go to the High Court to obtain it.

"Make any application you want to any court in the land," Mr Justice Morris said.

He repeated that the material was and had always been available if Mr McBrearty had wanted it.

Later retired garda Hugh Dillon denied that the second Garda investigation into the death of Mr Barron was "a hatchet job" designed to discredit the initial investigation team.

Ex-garda Hugh Dillon said the second team was brought in for a fresh perspective on the case.

It was neither a continuation of the first investigation, or a hatchet job, he added.

"Are you of the view that I did a hatchet job?" former Supt Kevin Lennon, who headed the second investigation, asked the chairman.

"No. I'm inquiring into it. This is something that is floating in the air," the chairman replied.

"I can assure you that I am approaching this with an open mind.

"Nothing that has gone before influences me in any way," the chairman said.