Two Garda detectives involved in the capture of the triple killer, Brendan O'Donnell, have claimed their Garda superiors sought to deprive them of their right to tell the truth about what happened on the day of O'Donnell's arrest on May 7th, 1994.
It was also claimed that attempts were made to alter the story of what happened. The claims were made by counsel for the detectives, Det Garda James Breen and Det Garda Pat O'Donnell, at the opening of their claim for compensation for alleged trauma arising from the incident.
Mr Jack Fitzgerald SC said his clients would say an attempt was made to change the truth of what happened when O'Donnell was captured after murdering Imelda Riney, her son, Liam (3), and Father Joseph Walsh in the days previous. Their bodies were found after O'Donnell's arrest.
O'Donnell was subsequently found guilty of murder and given three life sentences. He also received sentences on kidnapping charges. He was subsequently found dead in his cell in the Central Mental Hospital in Dublin. An inquest jury returned a verdict of death from natural causes.
Yesterday Mr Fitzgerald said the court would hear an account of gardai working at their best. However, in what happened subsequently, it would get a glimpse of the actions of the Garda authorities "perhaps at their worst".
Counsel said he would be asking the court to award substantial compensation. It was a case that involved carelessness, or perhaps more than that, on the part of the Garda authorities.
Counsel said O'Donnell was captured after he had kidnapped a young woman, Ms Fiona Sampson. The capture was effected while O'Donnell held a .22 rifle to the head of a man driving a car which O'Donnell had hijacked.
As the car made a three-point turn in a gateway, a shot was fired by Det Garda Breen to try to immobilise it, Mr Fitzgerald said. The back door of the car was opened, and Det Garda Breen had wrestled to get O'Donnell's gun but the weapon went off. However, he managed to pull O'Donnell from the car while Det Garda O'Donnell got Ms Sampson clear.
Both gardai made reports later that day of what had occurred, but these were never subsequently found. Up to this period, his clients were the only gardai involved in the overpowering, disarming and capture of O'Donnell.
It became clear that what they said in their statements about the capture "was not wholly accepted" by all parties in the events of that day. The gardai were told their statements would not be used because they did not "jell".
A week later there was a Garda revisit of the scene of O'Donnell's capture, but a dispute broke out as to who was involved in the violence which had led to the capture.
Counsel said that on June 3rd, 1994, at a Garda meeting in Killaloe, suggestions were made that changes should be made to his clients' statements and those of other witnesses.
As a result of a medical examination of Det Garda Breen, it was ordered in March 1998 that he hand in his Garda gun, Mr Fitzgerald said. Despite the order, the gun remained in Det Breen's locker until September 2000. Nobody remembered to take it from him.
Det Garda Breen had been involved in the recovery of three of the murder victims and Det Garda O'Donnell in two. They were never called to give evidence at the murder trial.
Mr George Birmingham SC, for the State, said there was no disagreement that both detective gardai had played a heroic role in the capture of O'Donnell.
The hearing continues before Mr Justice Budd on Tuesday.