The solicitor for one of the gardaí involved in interviewing Damien McDaid - who was arrested in connection with the death in 1996 of Co Donegal cattle dealer Richie Barron - has identified his client as the garda alleged to have put a gun in Mr McDaid's mouth.
Conor Connelly, representing former Det Garda Seán Herraghty, said, "by process of elimination the 'fat garda', or hefty garda referred to by Mr McDaid, may, in fact, be Det Garda Seán Herraghty."
"I wouldn't like to get the wrong man," said Mr McDaid. "You'd need to be sure." Mr Connelly asked him to allow him to assume it was his client, "for the purposes of my questioning".
Mr McDaid, an electrician from Newtowncunningham, Co Donegal, was arrested in December 1996 for questioning about his knowledge of the death of Mr Barron.
Gardaí had claimed Mr Barron had been murdered and accused nightclub owner Frank McBrearty jnr of the murder. The tribunal has established Mr Barron was, in fact, the victim of a hit-and-run. Mr McDaid alleges one of the gardaí who interviewed him in Letterkenny Garda station had asked him to sign a statement saying he knew Mr McBrearty had killed Mr Barron using an iron bar and that he himself had hidden the iron bar.
He says he refused to sign the statement and that during questioning a garda spat in his breakfast, stamped on his feet and put a gun in his mouth. He refused to name the garda, describing him as a "hefty big fella". He said the garda had been present at the tribunal on Friday, sitting near a window and was not present yesterday.
Mr Connelly said former Det Garda Herraghty matched Mr McDaid's description of the "hefty fella" and that he had been present on Friday but not yesterday. He asked Mr McDaid to describe the alleged scenario again.
"I was on my knees, a gun was in my mouth and he said, 'Sign the f***ing thing'. I shook my head and opened my eyes and then he was away. If he had held on for another couple of seconds I would have signed it, no problem." The first person he ever told about this incident, he said yesterday, was the tribunal investigator, Michael Finn, around 2002 or 2003. "I had it up here for 10 years sitting," he said, pointing at his head. "Ten years torturing me."
Mr Connelly put it to him that at no time during the interview had he been alone with former Det Garda Herraghty when the alleged spitting, stamping and gun incidents happened. He said his client told him he and a colleague were "together" with Mr McDaid at all times. "No he was not," said Mr McDaid, "he's telling you lies."
Though his answers to Garda questioning indicate Mr McDaid was in Raphoe, he implied yesterday that the notes were fabricated. "I didn't know I was in Raphoe. I was full [ drunk]. I was hammered," he said.
