Barron death confession 'a fraud'
The confession of a man in connection with the death of Raphoe cattle dealer Richie Barron in 1996 was a fraud, a former Garda officer said today.
Former Superintendent Kevin Lennon told the Morris Tribunal into garda corruption in Donegal that the disputed statement made by Frank McBrearty Jnr, confessing to killing Mr Barron, was concocted by officers.
“I can say bluntly and directly that it was created by the gardaí and was a fraud,” he said.
When asked if he considered that Mr McBrearty Jnr could have made the statement, he said he did not believe it was possible.
Mr Lennon said it would have been necessary to follow up the confession by interviewing the suspect for details of the crime, such as where he got and disposed of the weapon and what happened to his clothing.
“If he made the statement, the development of it should have taken place while he was in custody.
“By asking the various questions you would establish that the factual matters in it were untrue.”
Solicitor Tom Murphy and Barrister Sean Quinn, on behalf of Detective Garda John Fitzpatrick and Detective Sergeant John Melody, the gardaí who took the statement, both denied any wrongdoing by their clients.
Mr Lennon said he had taken his concerns to his senior officers but that they had been dismissed.
It was put to him by Paul McDermott, senior counsel for the tribunal, that he should have done more to challenge what was a very serious matter.
“It’s one of those occasions in your professional career when you have to go all the way,” McDermot suggested.
But Mr Lennon said: “It wasn’t my job to do that.
“I knew in my heart there would be greater people than me who would investigate further down the road.
“You have to understand the Garda Siochana.
“It’s like a family and they work in certain sections and some of those sections – if you take them on as a single individual, you would certainly not get away with it.
“You would pay a heavy price for it if you do.”
He told the tribunal he would have ensured that Mr McBrearty Jnr was never charged.
Mr Lennon also said the statement taken from Noel McBride – which was later retracted – was flawed.
“I can’t say for definite, but I have a view that Mr McBride was not in a position to flow a statement of that nature.
He said the officers must have fed the names of suspects that the gardaí already had in mind to Mr McBride.
But he stopped short of saying that the gardaí who took the statement from Mr McBride were attempting to frame Mr McBrearty and Mark McConnell, another suspect in the death of Mr Barron.
“I’m not saying it’s a deliberate attempt,” he said.
