A garda refused to answer questions to an internal inquiry relating to the night Raphoe cattle dealer Mr Richie Barron died because he feared possible disciplinary or criminal proceedings, the Morris tribunal heard yesterday.
The Carty team pursued Raphoe Garda Padraig Mulligan over "a very minor disciplinary matter", his then GRA representative, Garda Martin Leonard, told the inquiry.
Garda Leonard said he did not know initially that there were rumours that Garda Mulligan had been in a pub the night Mr Barron died. "Over the years I became aware of problems with the scene and problems with the pub," he said.
He went with Garda Mulligan to meetings "arranged by the Carty team" in October 1999. The two met Insp Hugh Coll and Det Insp Tadhg Foley. "We are talking to you about your duties. It is not disciplinary or criminal," he said the Carty members told them at a meeting in October 1999.
However, the meeting was cut short when Garda Mulligan refused to add anything to a statement he had already made. "This was perceived by me as pursuing Garda Mulligan about a very minor disciplinary matter, being in a pub," said Garda Leonard.
A further meeting with Insp Todd O'Loughlin was arranged on May 18th, 2000, at which the Carty inquiry said they had a witness. At the meeting, Insp O'Loughlin also said Garda Mulligan and an off-duty guard who was with him, Garda John O'Dowd, were suspects in the death of Mr Barron. "The idea that the guards were involved in this was outrageous," said Garda Leonard. "It was just beyond belief."
Garda Leonard said he tried to arrange that Garda Mulligan would be dealt with locally under regulation seven of the Garda disciplinary code, but he was told the chief superintendent said this would not be possible. He told Mr Tom Murphy, the solicitor for the GRA, that he did not consult the secretariat of the GRA about the affair, adding: "I wish I did."
Garda Leonard said Assistant Commissioner Kevin Carty, who headed an internal Garda inquiry into allegations of Garda corruption in Donegal, made "a false statement" to the Morris tribunal.
Garda Leonard said Mr Carty had said in a statement that he had information from Det Sgt John White that the two guards, one of whom was on duty, were in a pub, but that Sgt White had given Mr Carty no such information and it was therefore a false statement.
This was described as a "gross allegation" by Mr Michael Durack SC, representing the Garda Commissioner. Mr Durack said Garda Leonard's comments about Assistant Commissioner Carty related to a statement on April 15th, 2002, concerning a meeting Mr Carty had with Sgt John White in October 1999. "I think you have acted extremely inappropriately, said Mr Durack. "You have attempted to make headline-grabbing statements which you cannot justify. You were not there."
The witness said Garda Mulligan told him that his legal advice from his solicitor Mr Dorrian was to say nothing to the Carty team. Regulations and procedures meant that allegations to members had to be put in writing, he said. Garda Mulligan told the Carty team he had already made a statement about his movements.
"Am I to take it from that that he meant 'you have the full statement, there's nothing more I can add to that, that's everything that happened'," asked tribunal chairman Mr Justice Frederick Morris.
"We all knew it wasn't the full story. I knew it wasn't the full story, the investigators knew it wasn't the full story, but it was the statement that was going to be made, end of story," said Garda Leonard.
Later, Carty team member Supt Hugh Coll said at meetings on October 26th and 27th, 1999, the Carty inquiry wanted to discuss Garda Mulligan's performance of his duty on the night Mr Richie Barron died.