Heated exchanges over why journalist Frank Connolly has not been called as a witness erupted yesterday between a tribunal lawyer and a Co Donegal detective.
Peter Charleton SC, for the tribunal, clashed with Det Sgt John White when the detective asked why Mr Connolly was not at the tribunal.
The tribunal is looking into allegations that a device found on a television mast at Ardara on November 19th, 1996, was made by a garda or gardaí and planted there for the purpose of arresting three people: Hugh Diver, the late Anthony Diver and Bernard Shovlin, their brother-in-law.
Former TD Tom Gildea previously revealed that the confidential source who told him about the allegation was Frank Connolly, who has made a written statement to the tribunal. Mr Gildea wrote to the then minister for justice to ask for the issue to be included in the tribunal's terms of reference.
Yesterday, Mr Charleton said there was a rumour going around Donegal that somebody had made this device in the backyard of a Garda station and planted it on the mast.
Det Sgt White said the point was the rumour really took off when TV3 did a programme about it. Frank Connolly gave an interview that he had a good source and that the device was made in the Garda station. "And I wonder why Frank Connolly isn't here to tell this tribunal where he got this information," he said.
Mr Charleton told him not to worry about that.
Det Sgt White: "Excuse me, Mr Charleton . . ." Mr Charleton interjected: "Look, I want to say something now. You have the right, as you know perfectly well, to write in to this tribunal asking for any number of witnesses to be called. You've done that in the past, you could have done that in relation to Mr Connolly.
"Secondly, I made an announcement this morning in relation to investigations continuing so can you leave it to me to actually pursue this investigation properly and not be jumping on the bandwagon in Donegal and other places that this tribunal is corrupt or is not doing its job properly."
Det Sgt White responded: "Excuse me, Mr Charleton, I never said this tribunal was corrupt, please withdraw that remark." Mr Charleton replied: "I withdraw that remark." "Good. I never said that," said Det Sgt White.
Mr Charleton asked what was his problem in writing the tribunal a letter and saying Mr Connolly should be called.
The chairman, Mr Justice Morris, intervened, calling on both men to wait a moment.
John Whelan SC for Det Sgt White said: "Its very unfair of Mr Charleton to suggest that Sgt White is jumping on any bandwagon. I think that's inflammatory and uncalled for."
The chairman asked Det Sgt White if he was saying the rumour took flight after the TV3 programme. Det Sgt White said he was and it was unfair.