Retired garda denies hearing suspect complain of abuse
A retired garda today said a murder suspect did not complain of garda abuse to his solicitor during a phone call in his presence.
William Cannon, who was a garda on duty in Letterkenny Garda Station on December 4, 1996 when Mark McConnell was taken in for questioning, said he could not remember any complaint at that time.
Counsel for the tribunal queried whether Mr McConnell made allegations of abuse by officers' during a phone call to his solicitor.
"No chairman, there was no complaint made because that is something that I would remember," Mr Cannon, who was in the room when the phone call was being made, said.
Mr McConnell claims he was assaulted and intimidated by gardaí at Letterkenny Garda Station during his interrogation. Officers arrested him believing Mr McConnell and his cousin Frank McBrearty Jnr had murdered Raphoe cattle dealer Richie Barron. But it was later ruled Mr Barron was the victim of a hit-and-run rather than an attack.
During his arrest in December 1996, Mr McConnell claims he was intimidated, physically assaulted, abused and shown graphic autopsy photographs.
Mr Cannon said: "I spent all my service and nobody ever made a complaint about me in any matter or means."
He added: "I would have more respect for myself. More so than some other members had that day by the transcripts of evidence."
Tribunal Counsel Paul McDermott said: "The point is that somehow the solicitor came to understand a complaint was made by his client not against you but to be made against, it would appear Mr (Det Sgt James) Leheny and Mr (Det Gda Michael) O'Malley."
He said: "No that is not so, not in my company."
Mr Cannon said: "I am certain because that would be something remarkable which I would recall, as I say this was a normal run of the mill, as far as I was concerned, dealing with that prisoner."
He added: "And I have a complete clear conscience about it as well as every other prisoner that I ever dealt with in my service."
Mr McConnell told the tribunal he asked another garda to give him the name of the officer who he was alleging had abused him.
Mr Cannon said he was not asked to identify another officer to the suspect.
"No that is an untruth, I was not requested I would have no reason not to give a name if it was asked," he said.
Tribunal counsel queried if he in any way felt "obliged to support your colleagues if they had engaged in some activity and they would prefer if knowledge of a complaint made in their presence did not get out?"
He said: "No way chairman."
Mr Cannon said he recalled at a another later stage a solicitor for Mr McConnell requested a complaint be entered in the custody record.
He said he passed the information on to an inspector or superintendent.
