Former garda threatened with court action
A former garda was today warned he would be taken to the High Court if he refused to give evidence to the Morris Tribunal.
Martin Leonard, a former garda, initially refused to take to the stand after Chairman Justice Frederick Morris turned down an application he had made seeking a review of an earlier module of the tribunal.
“I believe it is important I place on record my letter, or my request, or my application to you to have that previous module re-examined, Chairman,” Mr Leonard said.
Mr Morris said: “I refuse your application. Now would you ever come to the stand and give evidence?”
Mr Leonard claimed he was not receiving a fair chance before the tribunal.
After a number of requests seeking Mr Leonard to give evidence, Mr Morris warned he would be left with no alternative but to seek the High Court to consider the refusal to give evidence.
“I don’t want to be put in that position, so I am asking you now to put aside your fit of pique, accept my ruling and give evidence. Listen, Mr Leonard, I am not asking you to do anything other than do what you are required by law,” the judge said after a further refusal.
“What I am proposing to do is refer this matter to the courts on the basis that I believe I have made a fair request to Mr Leonard to give evidence and he has refused to do so. I don’t find myself with any alternative.”
Following a brief break, the former garda took the stand stating: “I am sorry that my frustrations are boiling over, Chairman.”
Mr Leonard was the custody officer at Letterkenny Garda Station on December 4, 1996, when Charlotte Peoples and her cousin Róisín McConnell were interviewed in relation to the death of cattle dealer Richie Barron.
Detective Garda John Dooley and Detective Sergeant John White have admitted at the tribunal to mistreating Mrs McConnell and her sister, Katrina Brolly, during their interviews at the station.
Detective Sergeant Sylvester Henry said he queried with Mr Leonard the raised voices coming from the room where Mrs McConnell was being interviewed in the station and was told everything was okay.
“They don’t concern me, vigorous questioning and sounds coming from an interview room. That is part and parcel of interrogation,” Mr Leonard told the tribunal.
Mr Leonard said he could not remember Det. Sgt Henry asking him if everything was okay in the room.
“If he said to me: 'Is everything okay next door?' Everything was okay next door. I was satisfied everything was sound. There was no problem in that station that day as far as I was concerned,” he said. “The inference here is I knew something was wrong. That is completely and utterly wrong.”
Mr Leonard said at the time he had no concern about the treatment of Mrs McConnell or Mrs Peoples.
The tribunal will resume on June 12 with the sub-module in relation to the detention of Sean Crossan.
