If proper review procedures for informers had been in place in An Garda Síochána, then the detective at the heart of allegations that bogus explosives finds were arranged in Donegal a decade ago would not today find himself before the Morris tribunal, his counsel has argued. Gerard Cunningham reports.
In the current module, the tribunal investigated allegations that Det Garda Noel McMahon and Supt Kevin Lennon prepared explosives together with Ms Adrienne McGlinchey that were later used in bogus Garda arms finds in Co Donegal during the 1990s.
Both deny the accusations, and Ms McGlinchey has insisted she was neither an informer nor a member of the IRA.
Mr Brian Murphy, appearing on behalf of suspended Det Garda McMahon, said that alleged informer Ms McGlinchey's file was never reviewed until 1999.
It was not until then that Chief Supt Denis Fitzpatrick reviewed the file in his office, Mr Murphy said. Earlier in the decade, Chief Supt Fitzpatrick was Border superintendent, the detective in charge of cross-Border liaison with the RUC over subversive activities.
"There was considerable confusion between Det Supt Fitzpatrick and Chief Supt Ginty as to which of them was the intelligence officer, which of them was responsible for reviewing informants," Mr Murphy said. "Ginty accepted that because of the ambiguity, things fell into the gap."
Mr Ginty also accepted that he was the only constant thread in the hierarchy throughout the period when Ms McGlinchey was active, it was argued.
"He accepted that there was an additional onus on him to stay on top of intelligence matters, and he didn't. As he says himself, things fell into the gap," Mr Murphy said. "Obviously if there had been proper review and analysis done of the information and documents that she was supplying over the seven-year period, I would submit that they might well have decided she's [Ms McGlinchey] a fraud, and discarded with her before September 1993."
Personal and work problems meant that Det McMahon was not in a position to give a full account until the Morris tribunal began a year ago, the tribunal heard.
Mr Murphy argued that his client has a poor memory, and offered examples of incidents where his client had confused and forgotten different events.
"It has been repeatedly put to him, 'why didn't you tell the truth?' He couldn't remember the truth."
The tribunal will resume on Monday with the final closing submission, that of Supt Lennon, who is representing himself.