A garda superintendent has said he regrets destroying a diary he kept while working on the investigation into the death of Raphoe cattle dealer Mr Richie Barron.
Supt Joseph Shelly said that when he was transferred from Donegal in 1998, he took with him documents and original papers he considered important, but discarded his diary.
He regretted not having it but he "didn't see the necessity of keeping it".
Supt Shelly said he had destroyed documents in 1998 and also in 2000 after they were damaged in a break-in at his office. He was not sure which year he had disposed of his diary.
He added that his diary would only have shown what days he was working or off-duty, and an outline of his duties. Mr Paul McDermott SC, for the tribunal, said that the Carty team was in place by 2000. "In 2000 there was every reason to preserve your journal as relevant." "I can only say, chairman, what I did at the time," said Supt Shelly.
H said that former Supt Kevin Lennon had never expressed to him any concern that "the McBreartys had been framed". Mr Lennon had never asked him who tried to contact the DPP after an alleged statement of admission was obtained from Mr Frank McBrearty jnr, nor did he ask him where the alleged statement was.
Responding to criticism in a report by Supt Lennon of the original incident room, he said the gardaí taking notes at conferences "did their best".
Mr McDermott said the notes did not cover some dates at all.
Supt Shelly said this was "below par." He said that the arrest of Mr Noel McBride, who made a statement on November 29th, 1996, that triggered a series of arrests, was not discussed and planned by the conferences.