Officer 'unaware' of garda's offer to get phone records

Morris tribunal: A garda superintendent has said he was unaware that a garda offered to hand over his phone records after information…

Morris tribunal: A garda superintendent has said he was unaware that a garda offered to hand over his phone records after information was provided from a private investigator that a hoax phone call was made from his home to members of the extended McBrearty family during the inquiry into the death of Raphoe cattle dealer Mr Richie Barron.

The call was one of a series made to Mr Michael Peoples in November 1996 accusing him of murdering Mr Barron, and demanding money. Mr Peoples's wife is related to Mark McConnell, a cousin of Frank McBrearty jnr.

Gardaí were told the calls came from the homes of Mr William Doherty, an informer, and his handler Garda John O'Dowd by private investigator Mr Billy Flynn, hired by the McBrearty family to clear their name.

Giving evidence for the fourth day, Supt Joseph Shelly said Garda O'Dowd did not offer to get his phone records after the information showed the call made from his home was passed to gardaí.

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Garda O'Dowd in a statement said he approached Insp John McGinley in August 1997 and offered to get his phone records. He said the inspector showed him a printout, but said he could not act on it as it was not properly obtained by the private investigator. Garda O'Dowd said he approached the inspector three times "to sort it out", and requested an interview each time, but the inspector told him he was waiting for a printout through official channels. In January 1998 he turned over a copy of a phone bill which showed the call from his phone to the Peoples home in Raphoe.

"I thought that when he [ O'Dowd] was asked in August, it wasn't forthcoming," Supt Shelly said. "It wasn't until the following January that he did supply it."

Supt Shelly said he did not apply for the phone records of Garda O'Dowd because an application for incoming calls to the Peoples household was already in the system.

Tribunal barrister Mr Paul McDermott asked why there was no mention of an allegation that one of the calls came from Garda O'Dowd in this report. "I honestly thought I had it well covered and there was an urgency in what I was saying," Supt Shelly said.