A Co Donegal man who was detained overnight after an explosive device was found on a television mast said his arrest was unlawful.
Two weeks ago, Hugh Diver had refused to give evidence, claiming that the tribunal was not a true and thorough investigation. He was asked to reconsider and return to it yesterday.
In the witness box yesterday, he said: "First of all, can I apologise to the chairman for the last day." Mr Justice Frederick Morris assured there was no need and that he was very glad to see him there. In response, Mr Diver said he would shake the chairman's hand before he left and he did so.
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 in order to arrest a number of people including Mr Diver, the late Anthony Diver and Bernard Shovlin, their brother-in-law.
There had been local protests against the mast and these escalated on November 7th, 1996, with an arson attack on a container, causing £50,000 worth of damage. Senior counsel Peter Charleton, for the tribunal, asked if Mr Diver had anything to do with either the arson attack or with planting the device. Mr Diver said he did not.
He was arrested on November 20th and was taken to Glenties Garda station. He was held overnight and released without charge the next morning.
Asked if he wanted to say anything about his arrest, Mr Diver said: "It was in no way lawful. I mean, when the guards came to arrest us they knew themselves it wasn't lawful but I suppose they had to lift somebody." The night before the arrest he received an anonymous phone call. The caller asked what was going on at the hill and asked to meet him the next day in Dunloe. Mr Diver said he told the caller he was not on the hill and would not meet him.
Asked if he knew who the caller was, Mr Diver said: "I know for a fact that the man that rang me was Seán McKenna, no question about it because of the way he spoke number one, because he talks like a stop-and-go sign . . . I'm 200 per cent sure it was him." Sgt McKenna of Ardara Garda station denies he made the call.
It was put to Mr Divers that when he made a statement to the Carty Garda internal investigation team, he had said the call came from Det Sgt John White. Yesterday, he said: "I'm 100 per cent sure it wasn't Sgt White who rang my house."
Mr Diver said the reason he was arrested was that he had told his wife not to testify in a case where Sgt McKenna was allegedly assaulted in a chip shop where she worked.