Carty says allegations source should have been queried

Morris tribunal: Assistant Garda Commissioner Kevin Carty told the Morris tribunal that two Opposition TDs who received anonymous…

Morris tribunal:Assistant Garda Commissioner Kevin Carty told the Morris tribunal that two Opposition TDs who received anonymous information, alleging that his investigation into corruption in Co Donegal was compromised, should have inquired into the source of the allegations.

Mr Carty said that Labour's Brendan Howlin had "a moral if not a professional obligation" to ask questions about the source when he received the information from barrister Martin Giblin SC in June 2000.

Barrister Richard Humphries said his client had received an assurance from Mr Giblin that the source was reliable.

Mr Carty said the politician "was dismissive of my rights" and should not have "qualified" the information he brought to minister for justice John O'Donoghue along with Fine Gael's Jim Higgins, by saying the source was reliable.

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Barrister Niall Mooney said his client, Mr Higgins, had made inquiries about the source on previous occasions and the information had "stood up".

Extensive inquiries by gardaí and tribunal investigators have found no evidence to substantiate the allegations, which Frank McBrearty snr says he received anonymously in the post.

"The idea that guards cannot investigate guards is not true," Mr Carty told Mr McBrearty later.

"I would stand behind the Donegal investigation as an example of guards investigating guards without fear of any reprisals.

"I had a dedicated investigation team with me in Donegal and they carried out all of their duties in respect of members of An Garda Síochána in the same manner as they did in respect of the civilian population that we were investigating."

Mr Carty said Mr McBrearty should understand better than most that his inquiry was thorough, as he had access to many documents emanating from the investigation, including a report on a meeting with then state pathologist Dr John Harbison.

"If you were genuine you would admit that the investigation was thorough and it was fair and that guards investigated guards in a proper manner, and I would expect you to say that because the results are there to be seen," Mr Carty said. "Your summonses were withdrawn as a result of my investigation."

Retired assistant commissioner Tony Hickey said he first learned of the anonymous allegations when he was called to a meeting with the Garda commissioner in June 2000.