The Morris Tribunal today heard claims that the arrest of a man suspected by Gardaí of killing Mr Richie Barron was based on "deeply flawed" information and that the arrest of his wife was probably unlawful.
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Retired President of the High Court, Mr Justice Morris,who is overseeing the inquiry in claims of Garda misconduct in Donegal
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Mr Mark McConnell was arrested in December 1996 in connection with the killing of Mr Barron, his wife Roisín was also detained on suspicion she was protecting him.
The death of Mr Barron is central to the inquiry which was set up to investigate allegations of corruption by some gardaí in Donegal.
Mr Barron's body was discovered on a road in Raphoe in the early hours of Monday, October 14th, 1996.
The tribunal heard last week that on the night after Mr Barron's death, Raphoe Garda John O'Dowd telephoned divisional officer Chief Supt Denis Fitzpatrick at his home to say that "he had good information to the effect that Frank McBrearty and Mark McConnell killed Mr Richard Barron and that it was murder and not a hit-and-run accident".
Chief Supt Fitzpatrick said he assumed Garda O'Dowd's source was probably an informant called Mr William Doherty, according to counsel for the Tribunal, Mr Peter Charleton.
According to the information, the two men were seen approaching Frankie's Nightclub in Raphoe from the direction of the scene at a time crucial to the death of Mr Barron.
The tribunal today heard claims the information placing Mr McConnell in the company of his cousin Mr McBrearty Jr, at about the suggested time of Mr Barron's death in the vicinity of the car park of Frankie's Nightclub was deeply flawed.
Last Friday, the inquiry heard claims that gardaí allegedly forged a confession by Mr McBrearty Jr admitting the killing of Mr Barron in 1996.
Counsel for the tribunal Mr Paul McDermott SC said Mr McBrearty Jr was "vehement in his denial" that he ever made any confession to the killing.