Morris probe to see garda notes on farmer’s death

Tribunal head and former High Court President Mr Justice Frederick Morris also reported ahead of the assurance being received at his present base in Donegal town, that his information was that the relevant papers “had been sought and that they are not forthcoming”.

The memos issue arose during the cross examination of a detective by the garda superintendent who took over the investigation of the Barron death some months after it happened.

Detective Superintendent Kevin Lennon – who is representing himself at the tribunal after failing to secure court orders for costs for the action - declared: “The conference notes would be vital to clarify who said what.”

He also said that when he assumed control, he carried out “a real and comprehensive investigation”.

The superintendent was questioning Detective Garda Patrick Tague, who had earlier described how the inquiry into the Barron death – at first regarded as the result of a hit-and-run incident – had changed into a murder probe following discussions at regular conference level.

Pressed by Mr Justice Morris, the detective garda agreed there had been a “slackness” in procedures at the time of the death investigation because he never received any job sheet garda documents following conferences involving officers working on the case.

He recalled a meeting where a note-taker had been present, but he was unable to remember whether notes had actually been taken.

When it was put to him by Superintendent Lennon that “this entire matter” was built on two pillars – statements from Mr X – who has remained unidentified, but described as a “sizeable” character, and whose statements have since been discredited – and Mr Y – previous witness John Patton - Detective Garda Tague replied: “It was not as simple as that”.

He said, too: “The statement from Mr X was very convincing. I had no reason to doubt it.”

After firstly working on the hit-and-run accident theory in relation to Mr Barron’s death, near the town of Raphoe, gardai later opened a murder inquiry - a development that prompted the unfolding of events that helped lead to the establishment of the tribunal.

There were allegations that cousins Frank McBrearty and Mark McConnell – seen as prime suspects by detectives – together with their extended family, came in for “gross harassment” and mistreatment from the gardai, and civil court cases are still being pursued about those claims.

The tribunal has heard that Mr Barron died as he walked home after spending the night before his death drinking, and that his blood-alcohol level was far in excess of that permitted for driving.

Pathologists have said the probable reason for the death was a motor accident, and the inquest produced an open verdict. No-one has ever been charged in connection with the incident.

The current inquiry is examining in detail how the Barron death was investigated, including claims that garda officers were late arriving at the scene of the incident, and failed properly to preserve the scene after the discovery of the body, as well as their reasons for regarding the two cousins as murder suspects and other apparent flaws in the garda operation, among them questions about the use of informers.

Both Mr McBrearty and Mr McConnell are due to give evidence to the investigation this week.

Detective Garda Tague detailed his relationship with key witness Mr Patton for the tribunal, reporting that he knew his family well and was recognised as “a friendly face” at their home.

And, despite a wide variation in their respective versions of an interview between the two men that emerged in evidence from Mr Patton yesterday, the detective said: “I am still friendly with John Patton. There is no animosity between us.”

The differences between the two men centre on claims about what Mr Patton told Detective Garda Tague about the movements in Raphoe, on the night Mr Barron died of Mr McBrearty, a leading suspect when the hit-and-run investigation turned into a murder probe.

Mr Patton insisted at the tribunal that he saw nothing suspicious in Mr McBrearty’s activities on the night in question – clashing directly with the evidence of a number of gardai arising from their discussions with him.

According to Detective Garda Tague, though, Mr Patton changed his line because, for some unspecified reason, he is afraid. He also said he appeared frightened because “young Frank” McBrearty had stared at him.

But he added: “His fear was self-generated; It was from within himself, and it was visible. That was my opinion.”

He also said the Patton family lived in a republican area of Co Donegal, Drumkeen, where there could be a “traditional reluctance” to speak to gardai.

The tribunal was put in place by the Oireachtas almost two years ago to inquire into a series of claims about improper garda activities in Co Donegal during the 1990s.

It began hearing evidence in early March, firstly relating to separate allegations that two detectives – one of them Detective Superintendent Lennon - helped an IRA informer prepare explosives that were later planted and then found in bogus successful garda strikes against terrorist activities.

That dimension of the broader inquiry has now been adjourned and will resume back in Dublin later this year.

In all, the hearings are expected to last as long as two years.

The present phase of the proceedings is being staged in Donegal for the convenience of locally-based witnesses.