Morris Tribunal: A senior garda "invented" a conversation where allegations of wrongdoing by another high ranking officer were made, a veteran Donegal lawyer told the Morris tribunal yesterday.
Buncrana solicitor Mr Paudge Dorrian told the tribunal he had a meeting with Chief Supt Denis Fitzpatrick on March 22nd, 1999, but said the meeting was not about any matter relating to the tribunal. He said he did not make any mention of allegations about Garda misbehaviour during "ancillary chit-chat" at this meeting.
Mr Dorrian (70) said he felt the meeting must have been at Chief Supt Fitzpatrick's request.
"I have no recollection of ever contacting Chief Supt Fitzpatrick," he said.
The meeting concerned a possible judicial appointment, he confirmed.
Mr Fitzpatrick's position was that Mr Dorrian had passed on allegations that Supt Kevin Lennon had held back arms from a find at Five Fingers Strand for use in other arms finds, said Mr Michael Durack SC, barrister for the Garda Commissioner.
"The conversation didn't take place. My position is that Chief Supt Fitzpatrick invented it," Mr Dorrian said. "If the conversation took place, I would imagine I would then have been questioned. Nobody ever approached me about this conversation."
Mr Dorrian also said he contacted Supt Kevin Lennon in late 2003 because he heard a rumour that his name was being "bandied around" in connection with the Morris tribunal.
"The result was that Supt Lennon said 'yes, your name has been mentioned in talk'," he said. "Chief Supt Fitzpatrick would mention my name as being the source of information. That was the rumour."
Also yesterday, Mr P.J. Stone, chief executive officer of the Garda Representative Association, gave evidence about Garda disciplinary procedures.
Tribunal barrister Mr Peter Charleton told the tribunal that disciplinary regulations did not require a garda under investigation to account for his movements in his duty. "There is a lack of a provision whereby it is an offence to fail to account for one's duty," Mr Charleton said. The only exception arose where an investigation had been completed, and a file sent to the DPP.
Mr Stone said use of this regulation "usually comes about as a result of an investigation which doesn't end up in a disciplinary inquiry." "I think that if having investigated a member for some transgression it actually gets to the stage of an inquiry, I think they're quite happy that a 'pound of flesh,' for want of a better word, has been extracted."
"It usually comes about as a result of the failure, having investigated an issue, to bring it to fruition," Mr Stone added.
Questioned further by Mr Charleton, Mr Stone agreed that gardaí had the right to silence when being investigated for breaches of discipline.