A retired Donegal garda has outlined his concerns regarding a discovery of suspected explosives material in Donegal in 1994 to the Morris tribunal.
Two holdalls and three cardboard boxes of ground fertiliser were recovered near the Oatfield sweet factory in Letterkenny on June 4th, 1994, according to a telex sent to Garda HQ. Garda P.J. Thornton and Garda Martin Leonard earlier told the tribunal how they had discovered holdall bags at Oatfields. Further boxes were recovered on June 13th.
Retired Det Sgt Mr James Leheny said that based on a note he had received from Supt Lennon, he had "no doubt but that Supt Lennon is fully aware of everything in relation to both finds." He said he felt Garda P.J. Thornton was "confused or is put into a position which he now finds himself in that he cannot talk his way out of it." The ex-detective also said he was "concerned" at the role of Garda Martin Leonard in the find.
He had been on duty until 6 a.m., and had then gone back to Letterkenny Garda station when he did not need to in order to assist in the find that morning. He had not claimed overtime for this, which he would have been entitled to do. Mr Leheny said it appeared no members of detective branch were aware of the find on June 13th.
In her evidence earlier this year, Ms Adrienne McGlinchey said she gave over two cardboard boxes to detectives Cafferkey and Anderson. Both detectives have denied this. She also said she had transported two holdall bags by bus from Ballyliffen to the Oatfields site.
It would be difficult for one person to transport this amount by bus to the site, Mr Leheny told tribunal lawyer Mr Paul McDermott SC.
Mr Leheny told the Morris tribunal he was unaware the find had been made when he went off duty on June 4th, and did not learn about it until several days later as he was in Dublin giving evidence in a court case.
When he returned he told two detectives, Patrick Cafferkey and Martin Anderson, to carry out a "discrete search" of the area where two holdall bags and several boxes of ground fertiliser mix had been found.
Meanwhile, the June 4th find was being stored in the gymnasium in Letterkenny Garda station. On June 17th, the sergeant received a note from Supt Kevin Lennon telling him not to investigate any further because alleged garda informer Ms Adrienne McGlinchey was coming under suspicion from the local IRA.
"On looking at it, to me it was obvious it wasn't PIRA material," Mr Leheny said. He said he did not inquire any further into the find as he assumed another detective was taking care of it. The bags were opened and he assumed samples had been taken, he said. "I would have considered it a fruitless exercise if it was associated with Adrienne McGlinchey to proceed with investigating it any further".
In the current module, the tribunal is examining allegations by Ms Adrienne McGlinchey that, together with detective Noel McMahon and Supt Kevin Lennon, she mixed explosives that were later used in bogus Garda finds of terrorist arms. Both men have denied those claims, and Ms McGlinchey denies she was an informer.
Garda Tom Lynch told the tribunal he arrested Ms McGlinchey under Section 30 of the Offences Against the State Act on May 18th, 1993, after a discovery of some bullets in an area where she had been seen.
"She was very jovial about the matter," he told tribunal chairman Mr Justice Frederick Morris. "She was in convulsions of laughter." While interviewing Ms McGlinchey, Garda Lynch was called from the interview room, and told he was needed for a search of the area where the find had been made. The garda said he felt the interview should continue, but did not express this opinion at the time. He had no further contact with McGlinchey.
Garda Lynch said he spoke to Garda Swift some weeks later, and was told there would be no case and that Ms McGlinchey was giving information to the D Branch.