Morris tribunal: A Donegal solicitor has told the Morris tribunal of complaints made by Mark McConnell during and after his arrest on December 4th, 1996, during the botched Garda investigation into the death of Raphoe cattle dealer Richie Barron.
James O'Donnell met Mr McConnell twice on December 4th, 1996, while he was held in Garda custody for the murder of Mr Barron.
The tribunal found Mr Barron died as the result of a hit and run collision, and that Mr McConnell was completely innocent.
"He [ Mr McConnell] told me he was being harassed, he had been actually physically abused, he didn't know the name of the garda. So I took from that he wasn't a local garda," Mr O'Donnell said.
"There was certainly frustration from my client on the fact that nobody knew who the garda was, who was the main instigator of the abuse, his identity," he said. "There seemed to be some sort of secrecy shrouding the identity of the garda."
Mr O'Donnell also said he was refused copies of interview notes and the custody record when he called to the Garda station. He said that the custody officer, former garda Martin Leonard, was unco-operative. "Garda Leonard was very obdurate in his refusal," Mr O'Donnell said. "I was just totally stonewalled."
The solicitor said he got the impression that a decision had been made to block access to his client.
Mr O'Donnell said he had never been given a copy of the complaints he made to the custody officer during Mr McConnell's arrest, including that Mr McConnell was assaulted, that a garda refused to give his name, and that a request by the solicitor to allow Mr McConnell see a doctor was refused.
"I certainly have no recollection of being handed that," Mr O'Donnell said. "I certainly don't recall getting a copy of allegations at the time."
In a statement in January 1998 the custody officer said that he took note of Mr O'Donnell's complaints and gave him a copy of the note. In the custody record from Mr McConnell's detention he wrote that the solicitor "made allegations".
Det Garda Michael O'Malley told the tribunal that notes taken by Det Sgt James Leheny of interviews with Mr McConnell were "misplaced" after he handed them into the incident room investigating the Barron case. "They shouldn't have been mislaid," he said. "They couldn't be located and that was it." He said that neither he nor Det Sgt Leheny behaved aggressively towards Mr McConnell while he was questioned.