The first garda to be charged as part of the Carty investigation into Garda activity in Donegal pleaded not guilty to unlawful possession of a firearm yesterday.
At Letterkenny District Court the solicitor defending Det Sgt John Christopher White (47) of Dreenan, Ballybofey, accused the prosecution of circumventing procedures to obtain a court appearance to gratify people in Dublin.
Det Sgt White was charged on Wednesday night at Letterkenny Garda station with the unlawful possession of a firearm at Inch Level, Burnfoot, on May 22nd, 1998. The court heard that Det Sgt White was married with four children. He has been on sick leave from the force for the last 15 months.
He replied "not guilty" when charged and added that he had "not been allowed to finish his statement in relation to the allegations".
Mr P.A. Dorrian, for Det Sgt White, challenged the charge and questioned Det Garda Michael Kane about the procedures employed when Det Sgt White made his statement.
"Were you aware that Sgt White made a six-page statement and was stopped from continuing it because embarrassing matters were coming out?" Mr Dorrian asked.
Det Garda Kane replied he was aware Det Sgt White was in the process of making a statement when he left for hospital on Wednesday evening. Mr Dorrian claimed his client was stopped from making his statement before he left for the hospital.
It emerged that Det Sgt White was taken to Letterkenny General Hospital around 4 p.m. on Wednesday evening suffering from chest pains. Tests were carried out and the sergeant returned to the Garda station, where he was charged at 10.58 p.m.
Det Garda Kane told the court he had not taken the statement from Det Sgt White and told Mr Dorrian the charge was brought on the instructions of the Director of Public Prosecutions.
Det Garda Kane said Det Supt Tadhg Foley had instructed him to charge Det Sgt White.
Mr Dorrian said his client was in the process of denying the allegations in his unfinished statement and claimed that the buck had been passed to Det Garda Kane to bring the charges to avoid embarrassment to other members of the force.
During the questioning of Det Garda Kane, Mr Dorrian established that the charge was brought on foot of statements made last Thursday by Det Garda Tom Kilcoyne and his wife.
Mr Dorrian told Judge John O'Donnell: "A reply was not given in relation to Supt Foley circumventing procedures for the purpose of obtaining an appearance in court to gratify people in Dublin." His client's statement had been "hijacked" on the instructions of Supt Foley.
"Procedure has been aborted by a person pertaining or purporting to be the prosecutor in this case. Did the aborted statement go to the DPP? I have always been told never to underestimate the power of stupid people in large numbers, and that is the Carty inquiry," Mr Dorrian said.
Judge O'Donnell ruled that the charge was properly before him and remanded Det Sgt White in custody with consent to bail, to appear again next Thursday.
Det Supt Foley asked the judge to attach the condition to bail that Det Sgt White not interfere with any witnesses.
Mr Dorrian said the only people that would interfere with witnesses would be other members of the gardai.
Mr Dorrian sought aid to assign both senior and junior counsel, saying there were serious constitutional matters that arose. Legal aid was granted and Judge O'Donnell said he would consider Mr Dorrian's application.