Morris Tribunal: A former superintendent has been asked to prepare a statement over night outlining to the tribunal allegations that detectives believed an alleged statement of admission from Mr Frank McBrearty jnr, during the investigation into the death of Raphoe cattle-dealer Mr Richie Barron, was "a fraud".
"I have to put it to you superintendent, that you all knew that this alleged statement was a fraud," said former Garda superintendent Kevin Lennon during his cross-examination of Supt Joseph Shelly. "That's not so, replied Supt Shelly. "That wasn't the atmosphere that prevailed there at that time."
"I am worried and astonished that a number of senior officers have come and gone, and were never confronted with this allegation," chairman Mr Justice Frederick Morris later told Mr Lennon. "I can't understand why you didn't challenge them."
Mr Lennon has been asked to prepare a statement overnight substantiating the allegation. Earlier Mr Lennon said that Supt Shelly had approached him about a file he was preparing to send to the DPP concerning allegations that Mr Frank McBrearty senior had intimidated witnesses. He said Supt Shelly had investigated the allegations, that Supt Shelly told him to recommend a prosecution to the DPP. "I certainly did not," said Supt Shelly. "I wouldn't try to do it and I didn't do it."
Mr Lennon told the chairman he had recommended no prosecution in the case. "He [ Supt Shelly] was anxious to have Mr McBrearty charged with this offence," Mr Lennon said.