A garda sergeant has told the Morris tribunal he believes no warrant was issued in relation to a search of the flat of alleged informant Ms Adrienne McGlinchey in 1994.
Sgt Michael Murray said that based on what he had heard in the media, there was no district officer in Buncrana on the day in question, March 14th, 1994, so no warrant could have been issued.
Insp Patrick McMorrow was acting district officer on the day. A warrant under Section 29 of the Offences Against the State Act must be signed by a garda of superintendent rank or higher. The sergeant told the tribunal he was called by Sgt Des Walsh to assist in searching Ms McGlinchey's flat at about 7 p.m. and was at the scene for an hour.
"I now believe at this point in time that Sgt Walsh had no warrant at all," he said.
Sgt Murray said a diary reference to him being on "confidential duties" between 2 p.m. to 6 p.m. on the day in question was made so he could obtain payment for overtime. The entry was "for claim purposes - overtime was not a thing that was paid out lightly - by my authorities.
"I could have been doing a file or working on some report and the superintendent would say 'look, put that down as confidential duties', or whatever."
Sgt Murray received a call at home about 7 p.m. from Sgt Walsh and went to the flat, he told the tribunal. Sgt Walsh and Det Noel McMahon were there when he arrived. He searched the flat with Sgt Walsh and Det McMahon was still there when he finished, but he could not say where Det McMahon was during the search. He did not see any other garda at the flat while he was there.
Sgt Murray said he did not brief Insp McMorrow about the results of the search. He said the materials he had found at the flat were in the bathroom. He could not say why a fax sent to Garda HQ in Dublin said materials were found in Ms McGlinchey's bedroom.
Tribunal lawyer Mr Paul McDermott SC put it to Sgt Murray that the landlord, Mr John Mackey, and Garda Tom Rattigan both said in their evidence that material was found in the bedroom.
"I found the stuff in the bathroom," he said. "I never found anything in the bedroom."
Mr McDermott said if Mr Mackey and Garda Rattigan were to be taken as accurate in their evidence, "somebody moved material from the flat, being the metal objects, and/or moved material from the bedroom to the bathroom".
"That would appear to be the position, sir, yes," Sgt Murray said.