Morris Tribunal: An expert witness has told the Morris tribunal that he found it "incomprehensible" that a Donegal garda had no experience in crime scene preservation until the death of Raphoe cattle dealer Richie Barron in 1996.
Royal Canadian Mounted Police Chief Superintendent Brian Steel Garvie, who worked as an investigator for the tribunal for a year, has been called as an expert witness.
Mr Tom Creed told the witness that his instructions were his client, Raphoe garda Pádraig Mulligan, had never been involved in preserving a crime scene before Mr Barron's death.
"It is incomprehensible to me that a member of his service would never have been involved in protecting a crime scene," Chief Supt Garvie told the inquiry.
"We're dealing with Raphoe and . . ." said Mr Creed.
"I appreciate that," said Chief Supt Garvie, "but with all due respect, are you suggesting that Garda Mulligan has never been to a home break-and-enter, has never been to a theft of a premises, any type of robbery, any kind of assault, where the scene of any nature whether its for fingerprint, for photographs, ever needed to be protected?"
"Well, he says no," said Mr Creed.
Mr Justice Morris: "How long service, would you remind me, before this incident?
"Eighteen years," said Mr Creed.
"I can only accept what he says, sir, but I find it incomprehensible," Chief Supt Garvie said.
Mr Frank McBrearty jnr rose to say that there had been a road traffic accident at the same spot where Mr Barron was found a few years previously. Mr Creed said his client did not attend at that scene.
Chief Supt Garvie said it was not until 2003 that two local gardaí, John O'Dowd and Pádraig Mulligan, admitted they were in a pub the night Mr Barron died. This resulted in "a significant amount of time being lost before a member attended the scene", he said.
Four gardaí attended the scene, as Garda O'Dowd and Garda Mulligan met two members in a patrol car from Lifford, Garda James McDwyer and Garda John Birney, and the four gardaí arrived together.
The gardaí were criticised for failing to preserve the scene and failing to inform any superiors when they learned Mr Barron had died.
"The scene should have been protected from the outset and traffic diverted," Chief Supt Garvie said. "I would have liked a scene-of-crime examiner there immediately," he said.
"The members who initially attended the scene were not equipped to conduct the examination."
Chief Supt Garvie also added that given the information gardaí thought they had before Mr Barron was buried, the State Pathologist should have been called.