A detective sergeant accused of planting a firearm on a Traveller site in north Donegal eight years ago wrote in his Garda custody record when arrested that he was being arrested in order to discredit him, a Letterkenny Circuit Court jury was told yesterday.
Det Sgt John White was arrested under Section 30 of the Offences Against the State Act on June 18th, 2001, six days after Det Garda Thomas Kilcoyne made a statement saying he was also present when the sergeant obtained, test fired and brought a double-barrelled sawn-off shotgun to the encampment at Burnfoot, near the Donegal-Derry border.
"I feel that my arrest this morning is not a bona fide one, and has been carried out for the purpose of discrediting me," Sgt White wrote in the custody record at Letterkenny Garda station when arrested.
Damien Crawford BL said the entry also referred to "allegations of wrongdoing carried out by Assistant Commissioner Carty".
Assistant Commissioner (then Chief Supt) Walter Rice said the entry was not brought to his attention, and he was not aware of it when he signed an order extending Sgt White's detention.
Mr Rice said that he spoke to Det Garda Thomas Kilcoyne on June 13th, 2001, and the garda agreed to make a statement to Det Supt Tadhg Foley, a member of the Carty team, about the alleged gun planting. He said he made no inducement to Det Garda Kilcoyne.
Mr Crawford said it was a "remarkable coincidence" that the DPP had offered Garda Kilcoyne immunity from prosecution, and Chief Supt Rice had not initiated disciplinary proceedings.
The Assistant Commissioner said it was difficult to get gardaí to come forward and talk about wrongdoing in Donegal, and he did not want to discipline Det Garda Kilcoyne and discourage others from coming forward.
Mr Rice said the statement made under caution by Det Garda Kilcoyne was "Garda Kilcoyne's statement in his words, dictated by him". He said that an informant's name, mentioned in the statement, could be "blanked out" when a book of evidence was prepared.
Mr Crawford said that when the defence saw the statement it struck them that Garda Kilcoyne "wasn't going to name the informant, and somebody got him to pause and name the informant".
"There's no question of that, judge," Mr Rice said.
Insp Michael Keane said he arrested Sgt White at his home on June 18th, 2001, and teams of detectives searched the sergeant's house, a shed and a locker. There was no "resentment" of Sgt White, who was "treated with the utmost courtesy and respect".