Mr Frank McBrearty jnr asked the Morris tribunal yesterday to question a Garda sergeant further about how he had obtained phone records and the legality of his actions, writes Gerard Cunningham.
He was responding to evidence given during the day by Sgt John O'Toole.
The Garda witness had told the tribunal he obtained phone records in Raphoe for the night a local cattle-dealer, Mr Richie Barron, died in 1996.
Mr McBrearty and his cousin, Mr Mark McConnell, became suspects in a subsequent Garda investigation.
The sergeant told the tribunal that he had contacted his brother-in-law, Det Insp Patrick Nyham, who worked in the Garda intelligence unit.
"Phone calls had been applied for officially but were delayed," Sgt O'Toole told the tribunal.
"Insp John McGinley asked at conference if anybody had contacts to contact them and speed it up."
The tribunal was shown an official application for phone records dated November 21st, 1996.
"My recollection is that I thought I did this earlier," Sgt O'Toole said.
The sergeant said he received a fax within a week, and he and Sgt Martin Moylan examined it. He later destroyed the data.
"To be honest I wasn't that happy with the manner I'd obtained it, and I didn't want to hold on to it.
"I discussed it again with Sgt Moylan and it was decided that it be destroyed."
The sergeant said there was "shock and disappointment" when a key statement was withdrawn by Mr Noel McBride in September 1997.
Mr McBride told gardaí another man, Mr William Doherty, had put him up to making the statement.
Sgt O'Toole said he had earlier questioned the statement because no one else in Raphoe had mentioned seeing Mr McBride on the night of Mr Barron's death, but added:
"I didn't harbour any doubt about the veracity of the statement. I was just highlighting the fact that nobody seemed to corroborate him being there."
Mr Anthony Barr SC, for the tribunal, said witnesses mentioned Mr McBrearty ejecting Mr Paul "Gazza" Gallagher from his father's nightclub on the night Mr Barron died, between 12.30 a.m. and 12.40 a.m.
He later ejected "four boys from Strabane" around 1 a.m.
Mr Barron was found lying on a roadside at 12.55 a.m., about 400 yards from the nightclub, across fields and through a car-park.
The Garda investigation at the time was told Mr McBrearty was seen "coming down the back of the car-park towards the disco."
Mr Barr said there was a very narrow window for Mr McBrearty to run across fields in darkness, wait for Mr Barron and return to the disco.
Sgt O'Toole said he thought someone had walked the route in daylight, and other routes were also considered.
"The result was that it was feasible, that it was possible to do it," he said.