Morris tribunal: A Garda inspector's journal covering the early days of the investigation into the death of Raphoe cattle dealer Mr Richie Barron was found among school books last year, the tribunal has heard.
Supt James Gallagher, who was an inspector in Letterkenny at the time, told the tribunal he discovered his notes in his attic.
"My journal appears to have got into my daughter's put-away books after doing her Leaving Certificate," Supt Gallagher said. "Sometime in November I was asked to get a revision book, as my eldest son was doing his revision for the 'mocks'. I went to the attic and at the bottom of the press I found my journal."
The tribunal is examining the Garda investigation into the death of Mr Barron, in which members of the extended McBrearty family became suspects. Complaints of Garda harassment from the family led to an internal inquiry, and in turn to the setting up of the tribunal.
Supt Gallagher said at first he was told that Mr Barron was the victim of a hit and run on October 14th, 1996, but Det Sgt Sylvie Henry expressed doubts to him about Mr Barron's hand wounds. He went to see the body in Letterkenny hospital mortuary. Insp John McGinley attended a post-mortem examination conducted by Dr David Barry.
At a meeting that evening, Insp McGinley reported Dr Barry's findings were that "it was a blunt instrument that caused the injuries to Mr Barron, and he said that in the context of a traffic accident".
Supt Gallagher was asked about the entry in his journal: "Pathologist indicates that the injuries were consistent with being struck with a blunt instrument and didn't rule out a traffic accident."
The superintendent replied: "What John McGinley was conveying to me was that these injuries were caused by a blunt instrument, and that was a car. Certainly, homicide or assault didn't enter into the equation."
Mr Justice Morris said he hoped former Raphoe garda Mr Phil Collins would give evidence on Thursday.
Summons servers had earlier verified that summonses were served on Mr Collins, who has twice failed to appear before the tribunal. Mr Tony McDonald said: "As soon as he heard it was from the tribunal, he dropped it and closed the door."