A report on alleged intimidation of witnesses by Raphoe publican Frank McBrearty snr to the DPP, written by a former garda sergeant, was biased and based on information he was given by another detective, which he did not check out himself, the tribunal heard.
Mr McBrearty snr has complained that the report contained inaccurate background information and harmful misrepresentations of facts designed to damage his reputation.
Retired sergeant Martin Moylan said the information in the report sent to the district superintendent on April 2nd, 1997, was based on a brief prepared by Det Garda Michael O'Malley. "I didn't know Frank McBrearty other than he had a pub in Raphoe. I transcribed the issues referred to straight out of that into the report - you can see it is word for word virtually."
Mr Moylan said he accepted information he was given "on face value" and had only checked one item, when he checked with Raphoe sergeant Joe Hannigan about how Mr McBrearty snr won the honorary title of lord mayor of Raphoe.
Tribunal chairman Mr Justice Frederick Morris said Mr McBrearty would complain that "there isn't a single good word said about him" in the report.
"I wasn't given the good words about him, chairman," Mr Moylan said.