Garda questioned about evidence 'mistake'

Morris Tribunal: The Donegal garda, Det Noel McMahon, has said he told his legal representative when he realised he made a mistake…

Morris Tribunal: The Donegal garda, Det Noel McMahon, has said he told his legal representative when he realised he made a mistake in his evidence regarding an explosives find in Rossnowlagh in July 1994, but he did not have discussions with Supt Kevin Lennon.

Det McMahon had initially told the tribunal the first he knew of the find was when Ms Adrienne McGlinchey phoned to tell him about it the night before it was found.

Several weeks earlier, Supt Lennon (then an inspector) had written a confidential report outlining intelligence which matched the find that was eventually uncovered in Rossnowlagh.

"My memory was jogged by the report, that I did have prior information," Det McMahon said.

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Det McMahon, along with Supt Lennon, is alleged to have prepared explosives, together with Ms McGlinchey, for use in bogus arms finds.

Both gardaí deny these allegations, and Ms McGlinchey denies she was ever an informer or IRA member.

Det McMahon was being cross-examined by Supt Lennon, who is representing himself before the tribunal.

"Your evidence up to the time when you realised you'd made a mistake was entirely consistent. The story up to that stage was that you had only discovered this on the night, you had to strike when the iron was hot, you more or less jumped into the car and away you went the three of you, down to find the find.

"Whenever you've been asked about it before either by tribunal investigators or anyone else, that's the story you've told. What made you think on that night, when you left the witness box, I've suddenly made a mistake?" asked tribunal chairman Mr Justice Frederick Morris.

"I had gone through documents with my counsel and on seeing the report prior to the actual going down, that jogged my memory and I realised that I had some prior information, but nothing solid, no location or direct location."

He continued: "I went to my counsel, I said 'jeez I forgot Supt Lennon's report' that it had jogged my memory. I said I realised before I got out of the box but there was no time to correct it," Det McMahon told the tribunal chairman.

Det McMahon said he did not share information about a search of Ms McGlinchey's flat with his superior, Sgt Des Walsh, because his detective training in Dublin had emphasised the need for secrecy in detective operations.

"That was the procedure. You didn't broadcast when there was no need," he told his counsel, Mr Brian Murphy BL. "They called it the mushroom system."

"What does that mean?" asked Mr Murphy.

"Keep them in the dark and feed them plenty of . . ."

"It's all right, I know what you mean," intervened Mr Justice Morris.