A senior Garda has told the Morris tribunal that he believes politicians deliberately used their parliamentary privilege to damage his reputation.
According to the opening statement read at the tribunal yesterday, Assistant Commissioner Kevin Carty has said he found it "distatsteful" that elected public representatives should act in such a "cowardly manner".
The tribunal also heard details of a claim that the Garda team investigating allegations against some gardaí in Donegal were compromised because of their relationship with one of the gardaí at the centre of the investigation. The claim was made anonymously to two TDs in June 2000, Mr Peter Charleton SC, counsel for the tribunal, said.
He said that on June 25th, 2000, Mr Jim Higgins TD, former Fine Gael spokesman on justice, received a fax, and Labour's Mr Brendan Howlin TD received a telephone call, with a number of serious allegations. They discussed them with the then minister for justice, Mr John O'Donoghue.
The fax alleged that when working with Assistant Commissioner Kevin Carty and Assistant Commissioner Tony Hickey, Det Sgt John White was involved in "trumped-up evidence", including the planting of stolen property on individuals, to secure convictions. These two senior officers headed an internal Garda inquiry into certain members of the force in Donegal.
The fax also alleged that Sgt White was paid extra, unworked overtime and extra expenses. The notes Mr Howlin made of the phone call referred to Sgt White being able to blackmail the two assistant commissioners, as every case he was involved in would have to be rechecked.
Mr Charleton said that Mr Carty has rejected these allegations in strong terms, describing them as "made with malicious intent with the sole purpose of assassinating my character and good name.
"I find it most distasteful that elected public representatives have taken it upon themselves to destroy my reputation in a cowardly manner by hiding behind whatever legal privilege is afforded to them by their position in public life," Mr Carty has said.
Mr Charleton said the Garda Commissioner appointed another Assistant Commissioner, Mr Fachtna Murphy, to inquire into the allegations made to the TDs. His inquiry found no evidence of a close working relationship between Sgt White and either Assistant Commissioner Hickey or Assistant Commissioner Carty. In the early 1980s, all three worked in the investigation section at Garda headquarters, but in different units. Mr Hickey strenuously denied ever asking Sgt White to produce evidence by unlawful means, and Mr Carty said he was never on the same investigation as Sgt White. This was confirmed by the sergeant, who denied planting evidence.
In relation to expenses and overtime, Mr Charleton said that from about 1994 to 1998 the sergeant was involved in work of a "security and intelligence" nature, which involved travelling around the country to meet contacts and informants, for which he was paid expenses. This included working on behalf of Mr Carty with an informant who provided information on drugs and car thefts in Dublin. This information did not lead to any arrests or seizures, and the relationship with the informant was ended by Mr Carty in 1996.
Assistant Commissioner Murphy was contacted by Mr William Flynn, the private investigator hired by the McBrearty family, about the allegations. He told the Murphy investigation team he believed the author of the document was a retired garda who had come to his house with Mr Frank McBrearty snr in March 2000. He said this meeting had involved Mr McBrearty snr and jnr, Mr Mark McConnell, and a retired garda, Mr P.J. Togher, who had provided a character reference for Mr McBrearty snr in court.
Mr Flynn said that during this meeting, Mr Togher had alleged Sgt White planted evidence and framed people, that he "got away with murder" in relation to expenses, that he had stayed in Mr Hickey's house in Maynooth, and that he had a garage near the Border in which he kept stolen goods.
Mr Togher denied any knowledge of the fax or phone call in an interview with the Murphy investigating team, and said they looked like something that came from Mr Flynn.
The tribunal continues in Dublin next Tuesday with the hearing of applications for representation.