Morris tribunal:A doctor has told the Morris tribunal he does not remember why he recorded in his notes that he asked Mark McConnell if he had any injuries while he was under arrest for the murder of Richie Barron a decade ago.
The tribunal has found that Mr McConnell was wrongly arrested, and had nothing to do with the death of the cattle dealer, who was killed in a hit- and-run collision on October 14th, 1996.
Dr Brian McColgan told the tribunal he was called to Letterkenny Garda station on December 4th, 1996, to take a blood sample from Mr McConnell.
"He said that he wanted to discuss it with his solicitor beforehand," Dr McColgan said. "I left and then I came back later on." After Mr McConnell spoke to his solicitor, the doctor took a split sample.
The doctor recorded in his notes that he asked Mr McConnell if he had any injuries. "I can't remember in what context I asked him that question, or even why I asked him that question," he said. "I agree that there was probably some reason why I asked him, but I can't remember what it was.
"If he had said that he had an injury then I would have gone on to examine him and probably referred him to hospital as well if treatment had been required, but he just said no. I just left it then."
Mr McConnell, who has alleged he was abused verbally and physically while in Garda custody, said the worst of the abuse took place in the evening, after the doctor had left the station.
Retired Garda Sgt James Leheny said he accepted responsibility for "misplaced" interview notes recording questions and answers put to Donegal man Mark McConnell a decade ago. Mr Leheny said he brought the notes of interviews with Mr McConnell to the incident room after the interviews. The tribunal has heard the notes have since been "misplaced".
"I shouldn't have left them unattended on Tina Fowley's desk. She wasn't in the office, she was out of the office," he said.
Mr Leheny said he did not read over the notes to Mr McConnell or ask him to sign them at the end of his detention because he didn't have time to do so when he was told by the custody officer that Mr McConnell had to be released.
However, he said that Mr McConnell had not made any admissions, and they "were of no benefit in relation to a prosecution". Tribunal barrister Mr Paul McDermott SC said that the even if the notes had no value to the prosecution, they might have been of benefit to Mr McConnell's defence if he was charged.
"In the event of him being charged, say on the strength of Frankie McBrearty's alleged statement, that would be crucial to his defence, that he had given this account to gardaí while in custody, and it would be crucial to his defence that he was innocent," Mr Leheny said.
The tribunal resumes on Monday when evidence will be heard from Frank McBrearty snr and Frank McBrearty jnr.