Morris Tribunal: Confusion over the chain of command in Border districts was in large part responsible for the situation which developed in Donegal and led to the current module of the Morris tribunal, the Association of Garda Sergeants and Inspectors (AGSI) has said.
"It appears from the evidence that the practice by senior management of appointing Border superintendents clouded the chain of command to such an extent that the clarity of responsibility simply became clouded," Ms Sean Quinn BL told the tribunal in a closing submission on behalf of AGSI.
"The confusion over the chain of command at the top management level of Border districts created confusion at all levels of management, supervision and Garda ranks," Ms Quinn said.
"The fact that Det Noel McMahon reported directly to the detective inspector and not to his line supervisor led to a situation where his line supervisor, the sergeant, could not be aware of, could not direct, and could not monitor his activities." The association also complained about a lack of resources and training for its members, which meant that effective surveillance of suspected paramilitaries could not be effectively monitored.
"At the back of all the resource issues, lack of personnel and equipment were financial constraints, and these led to decisions such as those made in Donegal," Ms Quinn told Mr Justice Morris.
The policy was to remove explosives and to dispose of them safely, rather than conducting surveillance to discover those responsible for storing them.
"In other words, they are making the case that everything should have been put in place to enable surveillance to be mounted and if that had been done the war against terrorism would have been advanced?" asked tribunal chairman, Mr Justice Frederick Morris.
"Yes certainly. If the resources had been available," said Ms Quinn.
Mr Justice Morris asked about the contrary argument he had also heard that "because the IRA were proficient in what they did, you wouldn't ever get a lead on them, and you only waste time, money effort and manpower.
"Is it the stance of the AGSI that that's wrong, that surveillance should have been mounted, and if it had been mounted then the war against terrorism would have been advanced?"
"The association certainly criticise the lack of resources," Ms Quinn said.
Closing submissions to the Morris tribunal are expected to be completed by the end of next week, following which the tribunal will rise until June 9th.