Morris Tribunal: A senior member of the Carty internal Garda inquiry into activities in Donegal was prejudiced, a superintendent at the heart of allegations of planting bogus explosives finds has told the Morris tribunal.
Supt Kevin Lennon told the tribunal that Insp Hugh Coll didn't maintain a balanced position in relation to the inquiry. "He should have taken the whole issue from 1998 to 1994 and dealt with it on a balanced position," Supt Lennon said.
He said Insp Coll knew that a document in the handwriting of Det Noel McMahon contained notes taken by Det McMahon in the presence of Insp Coll, and he presented the documents as having a sinister origin when he knew this was not so.
Supt Lennon also said the Carty inquiry should have looked into the activities of an alleged informer, Ms Adrienne McGlinchey, during the years 1988-1991 and dealt with it on a balanced position.
Mr Pat Marrinan SC, for the Garda Commissioner, said there was no issue as to wrongdoing by any gardaí during that time.
Supt Lennon also told the tribunal he thought a detective was "only messing" when he pointed a handgun to a fellow officer's head in Buncrana Garda station.
Giving evidence for the 10th day, Supt Lennon said the incident did not give rise to any worries about Det McMahon's stability.
"He was very stable. I put it down to messing to be honest with you," he said.
"I certainly saw no instability on him at the time. Looking back on it, I probably would have investigated it."
"There's nothing to investigate," said Mr Marrinan. "A criminal offence was committed. This was an assault, and let's call it that, on Séamus Gordon."
Supt Lennon said he was not responsible for any "hands-off policy" when it came to the handling of Ms McGlinchey. The policy was already in place, he said, when he became involved.
"I have never seen in my service informers prosecuted and I have seen some serious informers at work in Donegal," Supt Lennon said. "I didn't generate it, sir. That's what I'm saying."
Supt Lennon told Mr Tom Murphy, solicitor for the Garda Representative Association, appearing on behalf of Garda Martin Leonard, that Mrs Sheenagh McMahon had told him that she intended to withdraw her statement to the Carty team on July 1st, 1999, a week before she made a statement of withdrawal to Garda Martin Leonard.
Supt Lennon told the tribunal he met counsel for the State, Supt John P. O'Connor and Det McMahon in the Lake O'Shadows hotel in July 1994 concerning the Frank Shortt case.
The 1995 conviction of the Donegal nightclub-owner on charges of allowing drugs to be sold on his premises, the Point Inn, was quashed in November 2000, and the Court of Criminal Appeal declared a miscarriage of justice in the case in mid-2002.
"It was an innocent matter to be dealt with in accordance with the advice of proofs," Supt Lennon told Mr Brian Murphy, for Det McMahon.
"Counsel wanted all the details of what happened in each particular instance," he added.