Three members of an elite Garda unit have told the Morris tribunal they attended a case conference held during the arrests of several people during the investigation into the death of Richie Barron, a Donegal cattle-dealer gardaí wrongly believed was murdered.
Several Donegal gardaí have told the tribunal they were not aware of any meeting held during the arrests, which the members of the National Bureau of Criminal Investigation (NBCI) say was held to compare notes a few hours before the suspects, including Frank McBrearty jnr, were released from Garda custody on December 4th, 1996.
The NBCI detectives say they told the meeting Mr McBrearty jnr was "mellowing" and might be willing to make a statement. But other gardaí say they were surprised when they heard at a later conference that Mr McBrearty jnr had made an admission, and they had no warning that a breakthrough was expected. Mr McBrearty jnr denies that he made any admission in Garda custody.
"I am here to give you my account of what occurred," Det Sgt Gerard McGrath told the tribunal. "I know this meeting did occur - in my heart, in my soul, it did occur." He said it would be "ludicrous" to invent a meeting which never happened. Retired detective John Fitzpatrick said up to 15 people attended the conference. He said several people were sitting at a table discussing the case when he arrived, along with retired detective John Melody.
"When I came into the room, the two people who stood out there were Insp [ John] McGinley and Supt [ John] Fitzgerald," Mr Fitzpatrick said. "The same as when I come in here to the Morris tribunal, the first thing I'd look at is the bench, to see if Mr Morris is there, the boss. Same thing for me, the likes of Supt Fitzgerald, he's the boss for me when I'd be up in Donegal."
He said he did not understand why gardaí said there was no conference before Mr McBrearty jnr made his statement.
"I'm shocked. I can't believe it, and I don't know why," he said.
Mr Melody said he was "100 per cent" [ sure] Supt Fitzgerald was at the conference, but he could not say for sure if Insp McGinley was there. He said he was surprised there was "a kind of systematic denial" that it took place: "The conference did happen and it was organised by management for management to see what progress was made."
Mr George Bermingham SC said that his client, Det Insp Eamonn O'Grady, told his solicitors about the conference in 2003. He said he was concerned lest an impression might be created that it was not until later that the detectives told anyone of the conference.