The chairman of the Morris tribunal has told Supt Kevin Lennon, who he last week found had corruptly orchestrated bogus arms finds in Donegal, that he was "absolutely satisfied" that the findings in his report were correct.
The suspended superintendent yesterday made an application to the tribunal for legal aid, telling the chairman, Mr Justice Morris, that it was "a foregone conclusion" that the Minister for Justice would sack him, following the report.
The chairman told Supt Lennon that he had "strayed very wide of the mark" in his application for legal aid.
"I have no intention of entering into a public debate with you, or with anybody else in public as to the contents of my report.
"All I will say in this regard is this: That the findings that I made in the report I am absolutely satisfied are correct. I will go no further than that."
Supt Lennon said that last year he had taken unsuccessful proceedings in the High Court to have his legal costs paid.
"I then had to embark on my own defence of the allegations made against me, which have become known as the Carty Report and, subsequently, your report, sir.
"To defend myself I had to travel to Dublin on a weekly basis, stay in Dublin throughout the week, pay travel expenses, lodging and food. I was pitted against the tribunal team, which now consists of three senior counsel - Mr Charleton, Mr McDermott and Mr Barr - who are ably assisted by junior counsel, solicitors, researchers, investigators and back up staff, all of whom are on salaries for the entire duration of the tribunal."
In contrast, Supt Lennon said, he only had expenses for food and lodgings paid by the tribunal. He said he was suspended from his job since August 1st, 2002, and was only receiving a proportion of his normal pay while he had a wife and five children, three of whom were attending university.
The Garda authorities had sought to bring disciplinary proceedings against him, and it was only through a request from the tribunal that these had been delayed until September.
"You, sir, have now issued your report on the first module. You have found that I have orchestrated the planting of ammunition and hoax explosives to further my career in the Gardaí, and that I have lied to this tribunal."
Supt Lennon said that he did not accept the findings. The findings ascribed to him involved criminal activities.
"In effect, you have found me guilty of all the allegations against me.
"In my case, sir, the rules of law and procedure have been changed. In normal course, one is accused of criminal activity, is charged and brought before a judge and jury to determine whether there is evidence of a criminal offence.
"If a person is unable to afford legal representation, then legal representation is provided for him and the costs of same are discharged by the State. This has not happened in my case.
"The DPP has also considered the same evidence that was placed before you and he concluded that there was insufficient evidence to warrant a prosecution against me.
"In other words, he was not even prepared to embark upon this procedure on the basis of the evidence which you have accepted and in respect of which you have made your determinations.
"You, sir, have convicted me of the allegations made against me on the basis of hearsay evidence, suspicion, innuendo and opinion. You have applied the test of the evidence presented to you which falls short of any test applied in a criminal trial and you have found me guilty, sir, as stated."
Supt Lennon said he would no longer have an income and would not be in a position to support his family or defend himself against the allegations made against him before the tribunal.
"I will be compelled to look for a job, which, given your Lordship's pronouncements on my character, I will find difficult to obtain."
He said the High Court had denied him access to representation in refusing to grant payment to anyone willing to represent him.
"Even if a lawyer was willing to take a risk of being paid at the end of the tribunal, it is clear from your finding of last week, sir, it would be most unlikely that lawyer would be granted any payment for the work carried out on my behalf.
"The Minister for Justice has publicly stated over the last week that there is worse to come from this tribunal. I have to ask how does the Minister know that, unless he was made aware by this tribunal or from someone involved in the tribunal of conclusions which have not yet been arrived at."
Mr Justice Morris said the superintendent had already been granted legal representation by the tribunal. He said the only power the tribunal had was to provide for an order for costs at the end of the hearing.
The tribunal has moved on from the question of hoax explosives finds and is currently examining the circumstances surrounding the death of Raphoe cattle dealer Mr Richie Barron in 1996.
The resulting Garda investigation, initially of a hit and run incident, became a murder inquiry in which members of the extended McBrearty family became suspects.
Yesterday, Garda Sgt Tom McMenamin told the tribunal that local shopkeeper Ms Mary McGranaghan made a statement to him on November 8th, 1996, saying she saw Mark McConnell, a cousin of Mr Frank McBrearty jnr, and another man, Mr Eamonn Meehan in Raphoe between 11 p.m. and 11.50 p.m. on the night Mr Barron died.
The sergeant said that he heard in a Garda conference later that Mr Meehan was at home by 9 p.m. the night Mr Barron died.
"I told her it can't have been Eamonn Meehan and she said something to the effect it may not have been him, but there were definitely two people there."
On January 15th, 1997, Ms McGranaghan made a second statement to the sergeant, saying the person with Mr Mark McConnell was Mr Michael Peoples, a member of the extended McBrearty family. The sergeant denied suggesting any specific name to Ms McGranaghan. In a third statement, Ms McGranaghan "tied the time down" to 11 p.m., rather than between 11 p.m. and 11.50 p.m.
Ms McGranaghan told the tribunal it was the talk of the town where everyone was the night Richie Barron died. She said that no garda had suggested any name to her when she was making her statements. She had recognised Mr Peoples as the man who was with Mr McConnell when he came into her shop to buy a packet of cigarettes, and changed her statement as a result.
"It was local talk and knowledge that it was Michael Peoples," Ms McGranaghan told the judge. "I heard all the talk but I wasn't sure myself, I wasn't happy until I encountered him myself in the shop.
"Nobody told me. It was on my own encounter with Michael Peoples that I knew it was him, along with Mark McConnell."
Mr Paul Kilpatrick said he went to Frankie's nightclub the night Mr Barron died. He said that after the disco ended, Mr Frank McBrearty jnr asked him if it was true Mr Richie Barron had been knocked down. He said he had not given anyone a lift on the way home after the disco.