Carty team wanted to bury sisters' evidence, court told

Members of the Carty inquiry into alleged corruption by gardaí in Co Donegal told two women that information supplied by one of them could never be made public because it was so damaging to gardaí, the Court of Criminal Appeal was told yesterday.

"They just wanted to bury it," Ms Karen McGlinchey said. She believed Assistant Garda Commissioner Kevin Carty, who headed the inquiry, and two other members of his team - Insp Hugh Coll and Chief Supt Austin McNally - were engaged in a deliberate attempt to use her sister, Adrienne, as the explanation for the unlawful activities of their own members.

Mr Carty and others had suggested that Adrienne had manipulated Det Garda Noel McMahon and Insp (now superintendent) Kevin Lennon, Ms McGlinchey said. It was alleged that Adrienne had conspired with a member of her staff to concoct a false story, and that Adrienne was a liar who was infatuated with gardaí.

Ms McGlinchey said she had no trust or confidence in the ability of the Garda to investigate the unlawful activities of their own members. Her family had been exposed to an "outrageous" level of intimidation by gardaí in Letterkenny. They were jeered at in the street, and Garda cars were driven around the house.

Adrienne had been placed under 24-hour protection by members of the Garda Emergency Response Unit for some weeks, she said. An ERU member had had to pull Det Garda McMahon away from Adrienne in a Letterkenny car park.

After that incident, Ms McGlinchey said, Mr Carty had apologised to her on behalf of the gardaí for what had been done to Adrienne and had said Adrienne had been used and abused by gardaí for their own credit.

Ms McGlinchey was continuing her evidence in the hearing of Mr Frank Shortt's application for a certificate declaring a miscarriage of justice arising from his conviction in 1995 for allowing his nightclub, The Point Inn, Inishown, to be used for the sale of drugs. Mr Shortt served a three-year sentence. His conviction was quashed in November 2000 with no opposition from the DPP or any application for a retrial.

Yesterday, Ms McGlinchey presented the court with cassettes and videotapes and documents, incl-uding a statement she had made. She wanted the Carty inquiry to take the statement, but they had refused.

Mr Eoin McGonigal SC, for Mr Shortt, asked about an incident at Ms McGlinchey's home on October 24th, 1999. Ms McGlinchey said she had seen three masked men outside her home. She made a 999 call. One of the men came into the house, unplugged her phone and put what she thought was a gun to her mouth. She was terrified. There was no Garda response to her 999 call.

Ms McGlinchey referred to a meeting between members of the Carty inquiry and the McGlinchey sisters in February 2000. The team walked out when she and Adrienne tried to get clarification of allegations made by a member of the inquiry about Adrienne.

When she met members of the Carty team in October 1999 she had discussed the Frank Shortt case and had talked about perjury, she said.

She said Adrienne had given the team information that Det Garda McMahon had said he had perjured himself during Mr Shortt's trial.

Earlier yesterday, Ms Sheena McMahon, the estranged wife of Det Garda McMahon, said she was shocked when her husband had told her he perjured himself during Mr Shortt's trial. He told her he had perjured himself to help get Supt Lennon promoted.

Two documents, which Ms McMahon said she had taken from her home, were read to the court. One was handwritten. Ms McMahon said this was Supt Lennon's handwriting. Her husband had described the document as the "biggest mistake" the superintendent ever made.

The handwritten document stated: "I have worked with Supt Lennon as a D/Inspector. 1, We have worked on sensitive operations. 2, We have carried out all operations to the best of our ability. 3, I have never known Supt Lennon while in any rank to take part in or authorise, either accompanied by me or otherwise, (a) any unlawful activity or operation, (b) to act illegally during the course of duty or off-duty, (c) to act illegally while participating in any operation."

The typed document was addressed to Supt K. Lennon, Buncrana, and was titled: "Re: Allegation made against Supt K. Lennon, Buncrana Garda station." It stated: "With regard to above caption, I wish to state as follows: I do not have anything whatsoever against Supt K. Lennon.

"I have known Supt Lennon for the past 19 years and during that time I have held, and remain to hold, the highest respect for him. In all of this time, I have found Supt K. Lennon to be a hardworking, efficient member of the force who obtained his rank through hard work and integrity."

The document concluded with a space for a signature and typed under the line was "Noel J. McMahon". Her husband told her it was a letter and he was not going to sign it.

Ms McMahon said she had spent 13 weeks in hospital because she was under great stress.

The hearing continues today.