Tribunal told witness's whereabouts unknown after he fails to answer summons Morris tribunal
A former garda who was due to give evidence yesterday at the tribunal failed to appear and his whereabouts were unknown, the chairman, Mr Justice Frederick Morris, was told.
Philip Collins was to have given evidence in relation to the arrest and detention of Michael Peoples on December 4th, 1996.
Mr Peoples was one of 12 people wrongfully arrested in connection with the death of cattle-dealer Richie Barron, whom gardaí believed had been murdered. The tribunal has since found that Mr Barron was a hit- and-run victim. In his evidence, Mr Peoples alleged that while he was being interviewed by Det Insp Michael Keane, and then Garda Collins, he was repeatedly called a "lying, murdering bastard" and he felt threatened.
He also claimed that Garda Collins left the room to get postmortem photographs of Mr Barron while Det Insp Keane picked up a broken chair leg and was looking back at him with it.
Garda Collins returned without the photographs. Mr Peoples said this was the situation that was created and he was terrified.
Last week, Det Insp Keane denied all the allegations made against him by Mr Peoples.
Michael Foley, the summons server, told the tribunal yesterday that he served Mr Collins on Friday, April 21st, in Eyre Street, Galway, in connection with the detention module. His attendance was required from May 22nd onwards.
"I showed him the original summons and gave him a copy with a letter and also with contact numbers and asked him to be here on May 22nd onwards. He just took it and said okay," he said.
Mr Foley said that he endorsed the back of the document on the day relating to the service and this was returned to the tribunal registrar.
Mr Justice Morris asked if he was familiar with Mr Collins.
Mr Foley said he was as he had served him a summons before.
The chairman asked if he had displayed any reaction. "His reaction this time was pleasant, amicable. He knew what I was talking about," Mr Foley said.
The chairman asked if Mr Collins was under any disability at the time. Mr Foley said he was not. He had arranged to meet him at a hostel to serve the document.
He said he called down subsequently on May 10th, but he was not at the hostel. He was not staying there.
The chairman asked: "You don't happen to know anything about his whereabouts?" Mr Foley replied: "No, I have tried to locate him, but I have been unable to locate him."
Tribunal lawyer Paul McDermott SC said the situation in relation to Mr Collins was that they had some difficulties in relation to obtaining his presence on prior occasions but ultimately they had secured his attendance.
He said perhaps the chairman could refrain from making any order at the moment and see if they could follow that path first and see if they could have his attendance secured for early in the new term. Mr Justice Morris said he would do that.
The tribunal will rise for the summer recess today after a session of just a few minutes. It will resume the detention module on Monday, September 18th.
It will begin a new sub-module into the wrongful arrest and detention of Mark McConnell, who was a suspect in the death of Mr Barron.
The hearing is expected to take two weeks when the sub-module looks into the arrest of Frank McBrearty jnr, who was also a suspect.
This will be followed by a hearing into the arrest of Frank McBrearty snr, completing the detention module.