A solicitor told the Morris tribunal he felt his client was "ambushed" by a letter written to the tribunal in early June, which he and his client did not have sight of until shortly before he was due to begin his evidence.
Solicitor Mr Michael Buckley said he felt his client, Garda James McDwyer, was "ambushed" by the letter written by Supt Jim Gallagher, which told how Garda McDwyer had said he had felt intimidated and threatened by Garda John O'Dowd at an interview under the Garda welfare scheme.
The welfare service operated on a basis of confidentiality, Mr Buckley said. The letter was date stamped June 10th by the tribunal, yet his client had only been shown it at 3.30 p.m. on Thursday, just before he took the stand.
"I got the feeling he was ambushed by this document," Mr Buckley said, adding that given the confidential nature of the welfare service, "it seems to me quite improper that the superintendent should break the confidence and write it." Garda McDwyer said he was not intimidated by Garda O'Dowd, they just had a disagreement about the times they arrived at the scene of the death of Raphoe cattle dealer Mr Richie Barron.
Garda McDwyer denied that his attempt to blame retired garda John Birney for the failure to preserve the scene was because Mr Birney was retired, and was an attempt to clear himself and his colleagues of blame. "Mr Chairman, I have to disagree with that," Garda McDwyer said.
Garda McDwyer told the chairman he accepted he made a mistake in not insisting the scene be preserved. "I do regret that. It was a mistake. We did everything we possibly could given the circumstances."
Also at the tribunal, a Raphoe barman denied he changed statements after he was involved in "a few rows" with the McBrearty family. Mr Eugene Gamble said he and Mr Frank McBrearty jnr had "a falling out" and "had words several times", and had been involved in a court case as a result.
Almost a year after Mr Barron's death, Mr Gamble made a statement saying Mr Mark McConnell was in a cafe at 12.50 a.m. the night Mr Barron died. In his account of his movements at the tribunal last year, Mr McConnell said he did not go to the cafe until much later.
Mr Gamble's friend, Mr Liam Sweeney, also made a statement at this time, saying he saw Mr McConnell in the café around 12.50. Mr Gamble denied that he and Mr Sweeney were acting together to "stitch up" Mr McConnell.
Mr Alan Crawford said he saw a fight outside Frankie's nightclub, moving towards the chip shop, around 12.45 a.m. or later. A garda broke up the fight.