No 'template' to frame anyone, tribunal told

A Garda superintendent in charge of the day-to-day running of the investigation into the death of Raphoe cattle dealer Richie…

A Garda superintendent in charge of the day-to-day running of the investigation into the death of Raphoe cattle dealer Richie Barron has denied there was a "template" to frame anyone during the inquiry.

Supt John McGinley was questioned about a series of alleged witness statements, described by tribunal barrister Mr Peter Charleton as "a pattern of falseness" targeting Mr Frank McBrearty jnr and his cousin, Mr Mark McConnell.

The witness said that a phone call to gardaí saying a local woman saw Mr McBrearty coming down a disco car park from the direction where Mr Barron was found "was recognised by the investigation that it was false at an early stage".

"It's such a serious piece of information that had it been true it would obviously have been taken up at conference, and I don't recall it being discussed at conference.

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"But when the investigation was ongoing I didn't see any templates to set anybody up.

"I wasn't aware at any time that there was a conspiracy, and it certainly wasn't being driven by anyone within the organisation that I knew of."

Supt McGinley said that a statement from former Supt Kevin Lennon that he (Supt McGinley) had suggested at a meeting that "all Garda statements be destroyed" was "an absurd suggestion". "It beggars belief Mr Chairman," Supt McGinley said. "I don't know what comment would be appropriate. It didn't happen."

The failure to preserve the scene where Mr Barron was found meant "there was a difficulty insofar as the scene wasn't preserved, certainly. There was a loss of evidence, there was a deficit of information," he said.

The superintendent said there were lots of rumours and all of them had to be investigated and eliminated.

"In the case of the McBrearty rumour it was there at the beginning, it was here at the end, and it never went away, whereas the other items we were able to put them out of the frame."

Supt McGinley said he thought Supt Fitzgerald had a reliable source, and had not heard about a rumour originating in a wake house being the source of information his superiors received about the case until the opening statement of the tribunal.

Earlier Mr Frank McBrearty jnr said the tribunal had contacted him on Friday to tell him that in May the internal Garda inquiry team had handed over the blood samples allegedly taken from his car.

He added that he had written five e-mails to the tribunal about the matter. Mr McBrearty wants to have independent tests carried out on the material.