Morris tribunal: A retired garda sergeant yesterday changed his evidence to admit that he showed post-mortem photographs of cattle-dealer Richie Barron to a man being interrogated and pushed one of them into his face.
Martin Moylan had previously denied the allegation in two previous statements to the tribunal, the first in May 2003 and the second last Saturday.
Mark Quinn made the allegation. He was arrested and taken to Letterkenny Garda station on December 4th, 1996, on suspicion of being involved in the death in Raphoe, Co Donegal, of Mr Barron, who the tribunal has since found was a hit-and-run victim.
Mr Quinn, a publican, was interrogated by Mr Moylan, then a sergeant, and John O'Dowd, a garda at the time.
Mr Moylan is the third garda to change his evidence in this module inquiring into the arrests of 12 people. Det Garda John Dooley and Det Sgt John White both changed previous statements and admitted they had mistreated Katrina Brolly and Roisin McConnell when they interrogated them on the same day.
Yesterday, Paul McDermott SC, tribunal lawyer, announced they had received a statement from Mr Moylan's solicitor, Michael Hegarty, that morning.
Mr Hegarty said in his statement that on April 27th last, at approximately 10pm, he received a phone call from Margaret Moylan.
"She told me that her husband, Martin, had admitted to her that he had been the member that brought postmortem photographs of Richie Barron into the interview room and showed them to Mark Quinn.
"She then went on to say that Martin was in a very distressed state and was in very poor shape. In view of this we both agreed that it would be better that I spoke to him the following morning so that I could directly confirm his instructions," Mr Hegarty said.
He said he spoke that morning to Mr Moylan on the phone and Mr Moylan confirmed that during the interview he and Garda O'Dowd were conducting with Mr Quinn, he brought postmortem photographs of Mr Barron into the room.
"He explained to me that he had laid out the photographs on the table and shown them to Mark Quinn. He also stated that he pushed one particular photograph of the deceased in front of Mark Quinn's face," Mr Hegarty said. Mr Moylan had instructed him to bring the information to the tribunal, he added.
"He also instructed me to apologise sincerely on his behalf to Mark Quinn and Garda John O'Dowd. He said that he fully accepted that his actions were unprofessional and unacceptable," Mr Hegarty said.
Mr Moylan had told him that Garda O'Dowd had no involvement whatsoever in the decision to bring the photographs into the room. Mr McDermott said they would ask Mr Moylan to submit a detailed statement.
Mr O'Dowd, who gave evidence, said he had no idea the photographs were to be shown and would not have shown them as he did not think it was right. However, Mr Moylan was a senior officer.
Mr Quinn alleged Mr O'Dowd had pulled him across the table by his jacket lapels.
"It is absolute nonsense. That, never, never happened, honest to God," Mr O'Dowd said.