Morris tribunal:Donegal publican Frank McBrearty snr has told a retired senior garda that if he had done his job 10 years ago, Mr McBrearty would not have to spend his time arguing before the Morris tribunal.
Mr McBrearty criticised the failure of gardaí investigating the death of Raphoe cattle dealer Richie Barron to check out a false witness statement placing his son, Frank McBrearty jnr, and a nephew close to the spot where Mr Barron died.
"If that statement had been checked, us innocent people that has suffered for 10 long years wouldn't be in this position that we are in today," Mr McBrearty snr told former superintendent Joe Shelly.
"I would be down in my work in Raphoe looking after my place. I wouldn't be up here arguing with the chairman and arguing with you and arguing with all these other people I don't want to argue with."
Mr Shelly said he was not in Co Donegal when the false statement was taken, that it was Insp John McGinley and staff reporting to him who had later uncovered the false statement by Robert Noel McBride.
"We did that and we did it no matter what the consequences and we found out that the statement that he had made, that was wrong, that he had made a false statement, it couldn't be true," Mr Shelly said.
"It was the gardaí, you see, that did that."
Mr Shelly said he was not at a meeting at which detectives questioning Frank McBrearty jnr said they felt there was a good chance of a breakthrough in the investigation into the death of Mr Barron.
Members of the Special Detective Unit, who were brought to Donegal to question Mr McBrearty jnr, have told the tribunal they informed their colleagues of the possibility that Mr McBrearty jnr would make a statement on the evening of December 4th, 1996.
"I'm surprised to hear about it now, but I didn't know about it, I didn't hear about it," Mr Shelly said.
Retired detective sergeant Hugh Smith said he did not remember making a statement in the file relating to the arrest of Frank McBrearty jnr on assault charges in February 1997.
He said when he looked at documents supplied by the tribunal last week, he realised the heading on the statement was not in his format. A Circuit Court jury later acquitted Mr McBrearty jnr of assault charges.
Mr Smith said he regretted crude comments captured on a video of his encounter with Mr McBrearty in custody.
Mr Justice Morris told retired Supt John McGinley he was surprised gardaí did not question the alleged confession from Mr McBrearty jnr, since he protested his innocence in custody both before and after the interview which resulted in the statement.
Mr McGinley said officers were happy at the time that Mr McBrearty had admitted the offence for which he was arrested.
Mr McBrearty has denied making any admission in Garda custody.