Morris tribunal: The tribunal was thrown into confusion yesterday when a Co Donegal man changed his information relating to the day he was interrogated at Letterkenny Garda station.
Damien McDaid changed his instructions to his lawyer Ken Fogarty, who was cross-examining witnesses, about which garda he claimed was present during one of the interview periods and which garda gave him a lift home. He first identified one garda then altered that to another. This led to confusion at the tribunal.
Then Paul McDermott SC, tribunal lawyer, said: "This is a central issue and the idea that an allegation can now be floated at this late stage of proceedings against two witnesses who have been in the witness box on late instructions seems to go to the issue of credibility in relation to matters being adduced by the tribunal."
Mr McDermott said a line must be drawn in terms of the ability to test and advance testimony because at this stage the tribunal had heard every witness in relation to the interviews and every opportunity had been given to cross-examine.
Mr McDaid has alleged that Garda Sgt Sean Herraghty spat in his breakfast, put a gun in his mouth and stamped on his feet during interrogation on December 17th, 1996. Garda Sgt Herraghty has denied the allegations at the tribunal.
Mr McDaid was one of 12 people arrested in connection with the death of cattle-dealer Richie Barron, who the tribunal has since found was a hit-and-run victim.
Yesterday, Mr McDaid's changed instruction to his lawyer related to which garda he claimed was present with Garda Sgt Herraghty during the alleged foot stamping incident.
He also alleged he was still in his stocking feet and carrying his shoes when he was given a lift home by a garda.
Yesterday, after he had named two different gardaí in relation to giving him the lift home, a third garda, Det Sgt Michael Carroll was recalled to the witness box to say that he believed he was the one who gave Mr McDaid the lift home.
He believed Mr McDaid was sitting in the public area with his shoes on when he said he would take him home, he said.