Garda 'can't explain' false confession

Morris tribunal: A detective sergeant attached to an elite serious crime unit has told the Morris tribunal he cannot explain…

Morris tribunal:A detective sergeant attached to an elite serious crime unit has told the Morris tribunal he cannot explain why Donegal publican Frank McBrearty jnr would make a false admission in Garda custody after he spent an entire day protesting his innocence of a crime that never happened.

Mr McBrearty jnr denies he made any admission while in Garda custody a decade ago on December 4th, 1996.

"At the end of the day, what comes out of this process is a false admission of involvement in the death of Richie Barron," tribunal barrister Paul McDermott SC said. "It is untrue, it is a fiction."

He asked Dublin-based Det Sgt Gerard McGrath if he could offer any explanation to the tribunal for how Mr McBrearty might have made a false admission to Det Sgt John Melody and Det Garda John Fitzpatrick, both now retired.

READ MORE

"I can't explain how the statement of admission was taken by John Melody and John Fitzpatrick. That's a question that should be put to them," Det Sgt McGrath said.

"The only explanation I can give is that this is an unusual man, an extraordinary man, capable of doing anything. I know for a fact that he did make this statement, but I don't have an explanation for it," he said.

"I was assured by John Melody and John Fitzpatrick that this was a genuine document."

The detective said he was told another statement placing Mr McBrearty and his cousin Mark McConnell near the scene of the death of cattle dealer Mr Barron was reliable and had been checked out. Petty criminal Noel McBride later withdrew the statement, admitting it was false.

Det Sgt McGrath said that the Barron case was the first time he worked with Det Sgt (now Insp) Eamon O'Grady, who also questioned Mr McBrearty.

At the time Det Sgt McGrath was assigned to Cobra, a special unit set up to investigate serious crime in Dublin.

However he said he was often asked to work on other serious cases, including the murders of Veronica Guerin and Det Garda Jerry McCabe.

He said he approached the Donegal case with an open mind, and his "specific role was to conduct the interviews in this case".

Later tribunal chairman Mr Justice Frederick Morris said he did not intend to recall Mr McBrearty jnr. "It is not my intention to invite him back again."