Senior garda hits out at telephone records delay
The lengthy delay in obtaining telephone records vital to the investigation into Raphoe cattle dealer Richie Barron’s death was not acceptable, an assistant commissioner said today.
Assistant Commissioner Dermot Jennings told the Morris Tribunal that officers were left waiting for months after they made an application to Telecom Eireann for home telephone records in relation to extortion phone calls to the house of Michael Peoples in 1996.
AC Jennings said the application had been highlighted as a very serious case in relation to an investigation of a suspicious death in Raphoe.
“I can recall many cases where there was an extreme delay in getting the information back and whether it was the system or what it was I’m afraid I just can’t say,” AC Jennings told the tribunal.
“The bottom line is we were in the hands of the investigation branch and the service provider.”
The tribunal heard that gardaí were looking for the telephone records urgently after it emerged that an extortion phone call in relation to the death of Mr Barron may have been made from the home of Garda John O’Dowd.
The application was made by Supt John McGinley in November 1996, who sent it on to be signed by a chief superintendent. It was passed on to the garda crime and security branch, which then contacted the company that December.
However, the tribunal heard the first information, which did not contain a full set of telephone records, was provided by the company in March of 1997.
“I am not being critical in any way but it seems to me to be a very cumbersome system, if my wife were kidnapped tonight I would like to feel that traffic on a telephone line could be obtained quicker than 12 months,” Justice Morris said.
Justice Frederick Morris pointed out that it then took gardai until July of 1997 to send a reminder to the company for the requested phone records.
“I don’t want to put you on the spot but you are not standing over that as acceptable?” Judge Morris asked.
“Oh absolutely not chairman,” AC Jennings replied. “Umpteen phone calls I have got from investigations all around the country trying to put pressure on eircom and this was done on a regular occasion even by myself contacting the people in the GPO to see if they could speed things up.”
Paul McDermott, counsel for the tribunal, said the records were only ultimately obtained by officers after Gda O’Dowd furnished the numbers in January of 1998.
However, the senior counsel for the tribunal described it as “peculiar” that the system could in some cases be accessed quickly as a private investigator Billy Flynn was able to get the phone records.
AC Jennings said the system provided by the numerous telephone operators had improved vastly, and was far quicker, than in 1996.
“In a kidnapping situation or in a recent investigation, as we had in Midleton, you can almost get the information almost in real time,” he added.
However, Judge Morris said he understood that the modern equipment had speeded up the process but it was the garda side of the applications that worried him.
AC Jennings said: “In my experience of late there is no delay on the garda side.”
The Assistant Commissioner said the service providers co-operated fully, however, he admitted that legislation to ensure companies co-operated with a request for records would be useful.
