The gardai: what Mr Justice Morris's report says

The gardai: what Mr Justice Morris's report says

The gardai: what Mr Justice Morris's report says

Chief Supt Denis Fitzpatrick

He was strongly criticised by the tribunal for failing to control his division.

The report said that many of the problems of the Donegal division arose because of his lack of leadership.

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The tribunal said it did not find that Chief Supt Fitzpatrick was a party, along with other officers, to submitting bogus intelligence forms to Garda Headquarters.

It says, however, that he was guilty of gross negligence in failing to react to a situation which called for action on his part.

The Morris report also criticised Chief Supt Fitzpatrick - along with Supt John Fitzgerald - for failing to take disciplinary action against a number of officers for appalling lapses in the manner in which the death of Richie Barron was investigated.

Chief Supt Fitzpatrick authorised a cover-up of the fact that extortion calls to a man suspected by gardaí of involvement in the death of Richie Barron had been made from the home of a garda.

Supt John Fitzgerald

Acknowledged by the tribunal as an able and experienced officer, however Mr Justice Morris said that Supt Fitzgerald had made a fundamental error in not summoning the then State Pathologist John Harbison to the scene of Mr Barron's death.

The report said that Prof Harbison could have clarified that the cattle dealer had died in an accident and that the subsequent murder investigation would never have been launched.

The judge said that while he believed that a conversation had taken place between Supt Fitzgerald and Prof Harbison, he was satisfied that there was never an expressed request for the State Pathologist to attend the scene.

"I believe that Supt Fitzgerald, in recounting his version of the story has allowed a process of self-justification to colour his recollection", Mr Justice Morris stated. However he did not believe that Supt Fitzgerald attempted to mislead the tribunal.

The tribunal also found that it was unable to accept Supt Fitzgerald's evidence that he had attempted to contact the Director of Public Prosecutions for instructions after Frank McBrearty's alleged confession to participating in the death of Mr Barron. The judge said that he was satisfied that he did not do so because he was apprehensive about the validity of the statement.

Det Supt Joseph Shelley and Det Insp John McGinley

In relation to the leadership of the investigation, the report said it was "prejudiced, tendentious and utterly negligent in the highest degree. Chief Supt Denis Fitzpatrick, Supt John Fitzgerald, Det Supt Joseph Shelley and Det Insp John McGinley all share in various degrees the burden or fault for this matter."

Garda Pádraig Mulligan

The tribunal found that Garda Pádraig Mulligan was drinking in a pub in Lifford when supposed to be on duty in Raphoe on the night of Mr Barron's death. "It should not require to be stated, but it is utterly wrong and disgraceful that a member of An Garda Síochána should be drinking alcohol in a public house while on duty", Mr Justice Morris stated.The report found that Garda Mulligan did not answer a call from the Garda communications centre.

The report said that Garda Mulligan declined to account for his movements on the night, perceived no obligation to answer for his duties and felt he was justified on the basis of an entirely mischievous reference to his constitutional right to silence.

Garda John O'Dowd

Garda O'Dowd was off duty on the night that Mr Barron died. He spent part of the evening drinking in a pub with his colleague Garda Pádraig Mulligan.

He later participated with other gardaí in the early stage of the investigation. This process was strongly criticised by the tribunal for a number of "appalling deficiencies".

The report said that while it accepted that Garda O'Dowd was involved in a conspiracy to frame Frank McBrearty jnr and Mark McConnell for the death of Mr Barron, it did not believe that he himself had been involved in the death. It said that suspicions of his possible involvement had been expressed, but that he had strongly rejected any such suggestion.

Sgt Martin Moylan and Garda Martin Leonard

Mr Justice Morris said a fraudulent witness statement taken from Robert Noel McBride was the principal basis on which all the "murder" suspects were arrested.

"Those responsible for coercing this fraudulent statement are principally Garda Philip Collins and Garda John O'Dowd, but Sgt Martin Moylan allowed himself to be carried along in this disgraceful matter," Judge Morris said.

"Garda Martin Leonard was the garda charged under statutory regulations with protecting the prisoner.

"He did nothing to effect this. Instead, he was content that a prisoner should be oppressed. These four gardaí told multiple lies to the tribunal about this matter." Mr Justice Morris said Sgt Moylan was "the senior garda present".