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Garda lifts for witness against regulations, tribunal told

26/07/2005 - 14:33:23
The use of patrol cars to drive a witness from Sligo to Donegal to testify against the McBrearty family in a licensing case was totally unusual and totally against regulations, a member of an internal Garda investigation team said today.

Chief superintendent Austin McNally told the Morris Tribunal into Garda corruption in Donegal that witness Bernard Conlon was being facilitated in many ways by gardaí in Donegal and Sligo, including being given lifts to court.

“There’s no provision for this happening,” he said.

“If there were very valid circumstances and it was brought to the notice of the superintendent there may be a reason, but I could see no reason myself afterwards when we investigated it.

“It’s up to the person themselves to make his own transport and there’s provision for the payment of witness expenses.”

“Resources can be stretched to the limit at times and certainly the use of patrol cars in these circumstances I wouldn’t allow it.”

The chief superintendent, who was based in Sligo, told the tribunal he didn’t know, until the Carty team’s investigations, of the contacts and meetings between gardaí and Mr Conlon or his witness expenses, many of which were forged or inaccurate.

“I wasn’t aware of these things or told about them.”

Chief Supt McNally was asked in 1999 to investigate the circumstances surrounding the death of Raphoe cattle dealer Richie Barron, including extortion telephone calls to Michael Peoples and the claim of a death threat against Sligo man Bernard Conlon, for acting as a witness against the McBreartys.

The McBreartys, who were wrongly implicated in the death of Richie Barron, have alleged a campaign of harassment by gardaí, which involved a large number of licensing prosecutions against their Raphoe bar and nightclub.

The Morris Tribunal has heard that Mr Conlon was being used by gardaí to set up the McBreartys in a ’found-on’ incident.

Mr Conlon has also said he was told by Detective Sergeant John White to make a false allegation he was threatened with a silver bullet by two men, later identified as Mark McConnell and Michael Peoples, members of the extended McBrearty family.

Chief Supt McNally told the tribunal he met with Frank McBrearty Sr, and was very concerned about the situation with regard to the number of prosecutions active against the McBreartys in Donegal.

While he said he felt Mr McBrearty had scant regard for licensing laws, he felt the methods used to prosecute him were unfair.

The chief superintendent, who has 39 years' service with An Garda Síochána, said: “I’ve never seen in my experience such a number of prosecutions or inspections.”



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