Investigator criticises 'arrogant' chairman

MORRIS TRIBUNAL: A private investigator employed by Mr Frank McBrearty snr at the height of the publican's alleged harassment by gardaí has criticised Mr Justice Morris for what he claimed was "unbelievable arrogance" in the running of the tribunal.

In an extraordinary submission yesterday, Mr Billy Flynn claimed the tribunal's legal team had ignored submissions he had made to it, and that "major inaccuracies" were contained in the tribunal's preliminary opening statement which it had refused to correct.

Mr Flynn also claimed there were good grounds to show the former minister for justice, Ms Nora Owen, was "criminally incompetent" and in breach of statutory duty in respect of matters under investigation.

He said he would be furnishing a report to both Houses of the Oireachtas on Ms Owen "who knew everything before she left office". He said on June 6th, 1997, Ms Owen was the relevant minister, and "I had my investigation completed at that time".

Mr Justice Morris repeatedly interrupted the speaker, asking him whether he had a submission to make. The chairman said he did not wish to hear allegations against people who were not present to defend themselves.

Mr Flynn replied by criticising the tribunal's opening statement, saying it appeared to be based on a "crooked" report of Garda Assistant Commissioner Mr Kevin Carty.

Addressing the chairman, Mr Flynn added: "Your arrogance is unbelievable . . . I came in here to help you."

Mr Justice Morris asked Mr Flynn whether it would be possible to put his submissions in a statement or letter.

Mr Flynn said he had done that already. "Your attitude is wrong. I'm driving west and I'm not coming back," he declared before walking out of the tribunal.

Mr Flynn, who is based in Enfield, Co Meath, was employed by Mr McBrearty to investigate the killing of cattle dealer Mr Richie Barron in October 1996, for which the publican had become a suspect.

He also investigated the source of hoax and extortion telephone calls made to Mr McBrearty's home during the Garda investigation.

Earlier, Mr Justice Flood ruled on various applications for legal representation.

Requests were granted to the Garda Representative Association and the Association of Garda Sergeants and Inspectors, as well as individual gardaí including Garda Noel McMahon, Garda John O'Dowd and Garda Pauric Mulligan.

Limited representation was also granted to Garda Martina Fowley. However, the chairman ruled out a request by her legal counsel for the tribunal to direct the Attorney General or the State to fund such representation.

Also granted representation for modules impinging on their character were Mr Paul Gallagher, Ms Karen McGlinchey, and 18 named sergeants and inspectors based at Garda stations in Counties Donegal and Sligo.

Those refused representation were retired detective sergeants Mr Thomas D. Walsh and Mr Tom Sreenan, both formerly of Buncrana station; Mr Sean Crossan; Ms Katriona Brolly; Mr John Bovaird; Mr Kieran Waldron; and Ms Rosalind White.

Counsel for the Garda Commissioner had indicated his intention to make a written application for legal representation on behalf a number of named gardaí. The chairman has reserved judgment on the matter pending receipt of this document.