Morris tribunal:A Letterkenny-based detective who questioned a Raphoe publican arrested on suspicion of intimidating witnesses a decade ago never saw the key statement which led to his arrest, the tribunal heard.
The statement, made by Robert Noel McBride, alleged that publican Frank McBrearty snr offered a bribe to Mr McBride to withdraw another statement he made to gardaí.
Mr McBride later withdrew the statement, and several others, admitting they were completely false. At the time of the arrest in December 1996, Mr McBride was identified to investigating gardaí only as "Mr X".
Det Garda James Frain, who questioned Mr McBrearty snr following reports of interference with witnesses, said he never asked Mr McBrearty about the key statement from Mr X.
"I don't think I ever saw the statement or knew who Mr X was," he said.
"I was never asked to put that statement or anything from that statement to him. In fact I was not even aware of that statement." Garda Frain also said he was never shown an alleged confession made by Frank McBrearty jnr, or asked to put the purported statement to Frank McBrearty snr.
"This statement is a mystery. I never got to see it until it came out in documents to the tribunal," he said.
Garda Frain was one of several gardaí who searched the home of Frank McBrearty snr on December 5th, 1996. The detective said gardaí had received reports that Mr McBrearty snr was intimidating witnesses during the investigation into the death of local cattle dealer Richie Barron.
The search took place the day after Frank McBrearty jnr and several other people were arrested on murder charges. The Morris tribunal has found that Mr Barron died as a result of a hit and run, and all those arrested were innocent.
Garda Frain said Mr McBrearty snr protested his innocence during the car journey from his home to Letterkenny Garda station. "It was a tirade of abuse from the time we left Raphoe until we got to Letterkenny," he said.
Mr McBrearty snr was brought to Letterkenny hospital with possible heart attack symptoms some hours after his arrest, and kept there while medical tests were carried out, before being released back into Garda custody on December 12th, 1996.