Morris tribunal: A Garda sergeant said he was shocked and astonished when he saw another garda take a spoonful of powder from an explosive device which had just been found in order to test it.
Sgt Sean McKenna of Ardara station in Co Donegal said Det Sgt John White had taken a portion of the substance from the evidence bags with the device which had been found on a television mast on November 19th, 1996.
It is alleged Det Sgt White took the spoonful of powder to the back of the station and tried to light it. It did not ignite.
Det Sgt White has denied the allegation that he took the powder or that he interfered with any of the evidence.
The tribunal is looking into allegations that a garda or gardaí assembled an explosive device in the yard of a Co Donegal Garda station and placed it on the television mast in Ardara for the purpose of arresting three local people, Hugh Diver, the late Anthony Diver and Bernard Shovlin.
There had been local protests against the mast, with nails being put on the road and locks glued. The situation escalated around November 7th, 1996, with an arson attack on a container causing £50,000 worth of damage.
Supt Denis Cullinane brought in Sgt White to be involved with the investigation into the serious crime of criminal damage.
The device was found on November 19th, 1996. The Army examined it and it was taken back to Glenties Garda station and put into evidence bags.
John Whelan SC, for Det Sgt White, cross-examined Sgt McKenna about the incident.
Sgt McKenna said: "I don't recollect what my thoughts were at the time but I am sure I was shocked and astonished at what had happened."
He said the evidence bags contained the powder from the device.
"He just dipped the spoon into the mound and took the sample with him, and went out," Sgt McKenna said. "I was stunned into silence."
Mr Whelan asked him if he was also alleging that Det Sgt White had put the device on the mast.
Sgt McKenna replied: "No." The tribunal was adjourned to Monday, November 7th.