Morris tribunal:Donegal publican Frank McBrearty jnr could not admit that he voluntarily made a false confession to a murder that never happened, the tribunal has been told.
Tom Murphy, solicitor for retired Det Garda John Fitzpatrick, said the alleged statement of Mr McBrearty was "probably the single most important document in causing this tribunal to be set up".
Mr Murphy said Mr McBrearty had made the statement voluntarily while in Garda custody and "can't deal with it". Mr McBrearty has denied he made any statement of admission in custody and alleges he was mistreated.
"It's an unpalatable truth, it's a voluntary statement and he just walked away from it," Mr Murphy said. "He can't deal with it."
Michael Cush SC, for Insp Éamon O'Grady, Det Sgt Gerry McGrath and retired Det Sgt John Melody, three other detectives who interviewed Mr McBrearty, said his credibility had to be questioned because he admitted he punched himself in the face and accused gardaí of assault during a second arrest in February 1997.
In a written submission, the legal team speculated that Mr McBrearty was offended by his arrest and decided "to make life difficult for gardaí, mislead them and make the statement of admission", or that he was "distressed by the fact he was arrested in front of his children".
Pat Marrinan SC for the Garda Commissioner argued that findings could not be made against several gardaí involved in the arrests of Mr McBrearty, because he had left the tribunal before he had been cross-examined by some gardaí against whom he made allegations.
The tribunal is hearing further evidence in closed session.