Tribunal brands investigator as 'unreliable witness'
A private investigator key to exposing the Garda corruption that sparked the Morris Tribunal was today branded an unreliable witness by the inquiry.
Billy Flynn refused to turn up to the hearings after hitting out over his treatment at the hands of tribunal chairman Mr Justice Frederick Morris.
The private detective, hired by the McBrearty family in Donegal to clear their name after they were wrongly accused of murder 10 years ago, played a central role in uncovering rogue gardaí.
He could not complete his evidence yesterday, about a secret meeting six years ago with disgraced ex-detective sergeant John White, after complaining he was not well.
Judge Morris insisted Mr Flynn would have to either continue with his cross-examination today or his doctor would have to testify that he was not fit for it.
When the witness failed to appear the tribunal chairman insisted he was prepared to scrap his evidence on two points which conflicted with Mr White’s account of their meeting.
Mr Justice Morris said he was satisfied that he should not rely on the evidence of Mr Flynn who was clearly unwell.
“I would not propose at this time to rely on Mr Flynn’s evidence,” said the tribunal chairman.
“That would mean that there would be no necessity for anyone, either Sgt White or anybody else, to take Mr Flynn to task with the accuracy of the note that he made at that time.
“Nor would it be necessary for Sgt White or anybody else to take Mr Flynn to task with his recollection as to whether this was a one-off meeting or one of a series of meetings.”
He asked if everybody represented at the hearings was happy with his decision to disregard the two elements of the witness’s testimony.
Michael Durack SC, for the Garda Commissioner Noel Conroy, said he would have to consult with the police chief over their response to the proposal.
The Commissioner’s lawyer had wanted to cross-examine Mr Flynn about the six-hour meeting at the private investigator’s home in Enfield, Co Meath in December 2001.
It is alleged that Sgt White told Mr Flynn that Letterkenny Garda Station was bugged in 1996 to covertly record conversations between solicitors and their clients.
Mr Justice Morris said Mr Flynn wrote a many-paged letter highly critical of him over his treatment the previous day at the tribunal.
“I’m aware that Mr Flynn is not a well person,” he said.
