Witness refuses co-operation with tribunal

A Donegal man refused to co-operate with the Morris Tribunal today claiming the investigation was making scapegoats out of a number of gardaí.

A Donegal man refused to co-operate with the Morris Tribunal today claiming the investigation was making scapegoats out of a number of gardaí.

Hugh Diver, who was called before the tribunal to give evidence in relation to the controversy surrounding the telecoms mast at Ardara in Donegal, said the entire tribunal was wrong from day one.

“This whole thing is wrong from day one,” he said. “Why I think it is wrong, is because the McBrearty family came up here from Donegal and they were treated like dirt.”

Under cross-examination from tribunal counsel Peter Charleton SC, Mr Diver, who refused to take an oath on the same Bible as gardaí, said the McBrearty family had told him of the way they were treated.

Mr Charleton queried how Mr Diver could make claims about the tribunal if he had not read the reports.

However, the witness said he would not read any of the tribunal’s reports as he believed it was corrupt.

The tribunal is examining claims an explosive device was constructed at a Donegal garda station and planted at the mast in order to arrest a number of people.

Three men – including Hugh Diver – were detained by gardaí following the discovery of the device.

Mr Diver claimed the tribunal was making scapegoats of gardaí in Donegal while letting those at the top away.

“I have a problem giving evidence here because it is not a true and thorough investigation,” Mr Diver said.

Judge Frederick Morris, the tribunal chair, queried what evidence Mr Diver had to back his claims about the tribunal.

Mr Diver was warned he had received a summons to appear at the tribunal and was under an obligation to give evidence.

Judge Morris said: “I have something I need to say to you, if you are not going to give evidence, and when you have acknowledged that you have received the summons and when you acknowledge that you have an obligation to give the evidence and when you have said to me you are not going to give the evidence.

“I have an obligation in those circumstances to apply to the High Court to ask them to punish you for your refusal to follow the summons.”

The chairman warned the High Court had far greater power than the witness may realise which included sequestering assets.

Mr Diver replied: “That is ok.”

Judge Morris said: “I am not here to fight with you Mr Diver, we are both on the same side, we are both trying to get to the truth of this.”

The tribunal heard that in July 2002 a barrister, who was instructed by solicitor David Walley, applied and was granted limited representation for Mr Diver.

The witness said he had been in contact with Mr Walley but had not asked him to be present in the tribunal today.

“I’m not bothered whether he is here or not because I have no interest in this, because what is happening here is a few gardaí in Donegal are being made scapegoats and I want no part of that. I don’t want that on my conscience,” Mr Diver said.

Mr Diver was requested to come back before the tribunal tomorrow morning to give an explanation to his views in the presence of his solicitor before any action was taken by the tribunal.

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