Garda seeks order over burglary of her home

A garda who has given evidence to the Morris tribunal about alleged Garda corruption in Co Donegal has taken High Court proceedings…

A garda who has given evidence to the Morris tribunal about alleged Garda corruption in Co Donegal has taken High Court proceedings to have gardaí outside the county investigate a burglary of her home in which tapes, said to be relevant to the inquiry, were stolen.

Garda Tina Fowley yesterday secured leave from Mr Justice Michael Hanna to bring judicial review proceedings in which she will seek an order directing the Garda Commissioner to make a decision on her request to have investigators from outside Donegal investigate the burglary.

Senior counsel Gerard Hogan, for Garda Fowley, said she was currently suspended from the Garda Síochána and had made critical statements to the tribunal. She had suffered a burglary recently in which material pertinent to the tribunal appeared to have been the main target.

Garda Fowley was very anxious to have the burglary fully investigated but wished to ensure that the Donegal division should not be involved, counsel said. Her solicitor Damien Tansey had made the request in a letter to the commissioner but, other than an acknowledgment of receipt of the letter, had got no response.

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In an affidavit, Garda Fowley, who lives in Letterkenny, said she had given evidence to the tribunal about serious misconduct by certain senior members of the Donegal division.

In particular, she said, she had alleged at a tribunal sitting that Supt John McGinley was involved in forging the signature of Frank McBrearty jnr (who has taken an action against the State in which he claims he was wrongfully arrested in 1996 on suspicion of involvement in the murder of Donegal man Richie Barron).

She said she had also pointed out discrepancies in the notes of a Garda interview with Róisín McConnell. She had alleged there were extra questions in the typed version of the notes as compared to the handwritten version.

Garda Fowley said her evidence to the tribunal had put her in a situation of a clear conflict of interest with senior gardaí from the Donegal Division.

Subsequent to her becoming involved with the Morris tribunal, she had been suspended from the force and had instituted legal proceedings in relation to that suspension.

On January 10th, last her home had been burgled and tapes of relevance to the tribunal were stolen, together with other material, she said.

Items such a television, jewellery, a laptop computer and property of significant value were left untouched.

Mr Justice Hanna gave Garda Fowley leave to seek an order requiring the commissioner to make a decision on her application to have the investigation of the burglary conducted by gardaí not connected with the Donegal Division.