The chairman of the Morris tribunal has told a witness that he will consider whether to forward the transcript of his evidence to the Director of Public Prosecutions because he was satisfied the witness had made "no attempt whatsoever to be of assistance to the tribunal."
When Mr Paul "Gazza" Gallagher (29) completed his evidence yesterday, the former High Court president intervened to say he intended to re-read his evidence and decide if he would forward it to the DPP to decide if a prosecution should be brought.
"For what it's worth, I am satisfied that you have treated the tribunal with disdain and contempt," Mr Justice Frederick Morris said. "I gather that from your demeanour and your attitude throughout the entire giving of your evidence.
"I am satisfied that you have made absolutely no attempt whatsoever to be of assistance to the tribunal, and I am satisfied that your persistent attempt to shelter behind your excuse, 'I can't remember', has obstructed the tribunal."
"Do you wish to add anything?" asked the chairman. "Nothing whatsoever, Sir," said Mr Gallagher.
Earlier, tribunal barrister Mr Paul McDermott SC said that Mr Gallagher seemed to have "a terrible memory loss" whenever he was asked about two things, a billhook he had stolen and then told gardaí was given to him to dispose of by Mr Frank McBrearty jnr, and the "stitching up" of Mr McBrearty for the murder of Raphoe cattle dealer Mr Richie Barron in October 1996.
Retired garda, Mr John Birney, told the tribunal there was initial confusion when the Garda communications centre got the 999 call about the hit-and-run death of Mr Barron in the early hours of October 14th, 1996, over whether the address was Townparks, Raphoe, or Townparks, Convoy.
The Ballybofey squad car was initially sent to Convoy but a few minutes later gardaí were called in Lifford and sent to Raphoe.
In Raphoe he and Garda James McDwyer met Garda Patrick Mulligan outside the Suile Tavern, and asked about an accident. Garda Mulligan said to follow him and drove up to the scene with Garda John O'Dowd.
"I saw absolutely nothing that, in my opinion, could connect any vehicle to the scene," he said. "We couldn't have preserved the scene, that's the truth.
"With hindsight it was an error, but it was an honest decision at the time."