The mysterious death of cattle-dealer Richie Barron and claims that gardaiplanted explosives and drugs in Co Donegal and even in Northern Ireland will be at the core of the inquiry, writes Jim Cusack, Security Editor
The inquiry by Mr Justice Frederick Morris into "criminal, unethical or unprofessional behaviour" by some gardaí in Co Donegal could be under way by the start of the summer.
Officials in the Department of Justice are working on the legislation to provide for the inquiry, which will hear much of its evidence in secret. By this means, it is said, the tribunal will be able to conduct an inquiry without undermining the due process of law in some 30 civil and six criminal cases already pending as a result of the allegations.
The situation could arise, therefore, that the bulk of the inquiry is held in camera and that findings are not published until the last of the court cases is cleared up.
However, the Minister for Justice, Mr O'Donoghue, pointed out yesterday that there was no other way to proceed if he wished to have an inquiry and to re-establish the public's faith in the Garda Síochána. Any of the people involved in the 36 cases could bring a High Court injunction against a public inquiry touching on his or her case. If this occurred, there could be no inquiry.
The terms of reference published yesterday make specific reference to the two major episodes which have prompted the proliferation of court cases and six internal Garda inquiries.
The first is into the Garda "investigation into the death of Mr Richard Barron". His death led to a series of events which have caused deep divisions between sections of the community in Donegal and the gardaí. The McBrearty family, members of whom were accused by some gardaí of killing Mr Barron, have brought proceedings claiming false accusations, fabrication of evidence and also that gardaí carried out electronic eavesdropping on their private conversations with their lawyers.
The tribunal will hear evidence of the conduct of the Garda investigation into Mr Barron's death on a roadside outside Raphoe in October 1996. The initial assessment that he died as a result of a hit-and-run accident was later found to be suspect.
Members of the McBrearty family were subsequently arrested. No charges were brought, but the McBreartys' pub began to be the subject of a campaign of harassment and family members were served with 180 summonses for licensing infringements.
Almost simultaneously in Letterkenny word was emerging of a remarkable set of allegations against gardaí there. This has led to the direction that the tribunal should also inquire into "finds of bomb-making equipment" in Co Donegal.
This allegation contains one of the most remarkable ever made against gardaí: that they divided up a cache of IRA explosives and redistributed them around Co Donegal and Co Tyrone to claim credit for finding them again.
This will also touch on the claim by Mr Hugh Diver and others in Ardara that explosives were planted there in order to provide a basis for their harassment and arrest for their part in the legitimate protest against the installation of the MMDS television system in 1994.
Similarly, under the tribunal's terms covering "criminal" and other behaviour, it will inquire into claims by Mr Frank Shortt that drugs were planted in his club at Quigley's Point, leading to his arrest, conviction and imprisonment for three years. Mr Shortt was released from prison in late 2000 after his conviction was overturned and he has since instituted proceedings against the State.
Some of the evidence which may come before the tribunal could touch very senior figures in the Garda Síochána and, particularly, cast doubt on the way the force's anti-terrorist "Special Branch" conducts its affairs.