Man told lawyer of Garda harassement and abuse, tribunal told
A Donegal man complained to his solicitor of harassment and abuse by a garda during an interview over the death of cattle dealer Richie Barron, the Morris Tribunal heard today.
Mark McConnell’s solicitor James O’Donnell told how he rushed to the Garda station on December 4, 1996 after Mr McConnell was in an agitated state when he spoke to him on the telephone.
“He told me he was being harassed, he had been actually physically abused, he didn’t know the name of the garda,” Mr O’Donnell said.
“So I took from that he wasn’t a local garda. Because of my concern I went to the garda station, spoke with Garda (Martin) Leonard, he wouldn’t let me (see my client), he said I had had reasonable access with the client already.”
The solicitor told the tribunal he had wanted his client assessed by a doctor after the allegations made.
“Garda Leonard told me at that stage no, he would decide if my client needed to see a doctor,” he said. “He said he would note my request for a doctor in the custody records.”
Mr O’Donnell said his client had asked the name of the garda abusing him and other gardaí present refused to tell him.
“There was certainly frustration from my client on the fact that nobody knew who the garda was who was the main instigator of the abuse, his identity,” he said. “There seemed to be some sort of secrecy shrouding the identity of the garda.”
Mr O’Donnell also said he was refused copies of interview notes and the custody record when he called to the Garda station. He said there was no reason for refusing them.
“Garda Leonard was very obdurate in his refusal,” he said. “I was just totally stonewalled.”
Mr McConnell, 35, from Raphoe, was wrongly arrested and detained on a number of occasions at Letterkenny Garda Station during the inquiry into the death of Mr Barron.
Gardaí believed Mr McConnell and his cousin Frank McBrearty Jnr had killed the Raphoe man. The death of the cattle dealer was later designated as a result of a hit-and-run rather than attack.
The Morris Tribunal is examining claims some 12 people – many related – were interrogated, intimidated and abused during the botched death probe.
During his first arrest in December 1996 Mr McConnell alleges he was intimidated, physically assaulted, sworn at, shown a false confession and graphic autopsy photographs.
Earlier this month, former garda Martin Leonard, who was custody officer during Mr McConnell’s first arrest, refused to give evidence before the tribunal.
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