A Garda superintendent has been asked why he did not move to arrest a garda when it was discovered that an extortion phone call had been made from his home to a suspect in the death of Raphoe cattle dealer Richie Barron. Gerard Cunningham reports.
Information about the call from the home of Garda John O'Dowd was given to Donegal detectives by private investigator Mr Billy Flynn, who was hired by Mr Frank McBrearty snr when his family became suspects in the investigation.
"Surely you should have arrested Garda O'Dowd?" the chairman, Mr Justice Morris, asked Supt John McGinley. "That issue did arise," Supt McGinley said.
While the investigators had suspicions about Garda O'Dowd's informer, Mr William Doherty, who Garda O'Dowd said in a statement last month made the call, they could not move without official confirmation of the call.
"Surely to have somebody who was an active suspect in the incident room raises questions," observed Mr Justice Morris. "It's not ideal."
Supt McGinley said all they had was "a handwritten note from Billy Flynn". At that stage, the early summer of 1997, they did not know about connections between Mr Doherty and Mr Noel McBride, whose statement to gardaí the previous winter had resulted in the arrest of members of the McBrearty family.
The superintendent said he suspected "police manipulation" when he arrested Mr Doherty in September 1997 after he was named by Mr McBride as having "put him up to" making a false statement implicating members of the McBrearty family.
"Yes, I think we did suspect there was a Garda involvement in the background," Supt John McGinley said.
"Whom did you suspect?" asked tribunal barrister Mr Peter Charleton.
"Well Garda John O'Dowd was working with him," Supt McGinley said, "and in relation to the Lofty Gallagher thing, John O'Dowd and Kevin Lennon were involved in the background."
Following on "false information" supplied by Mr Doherty, gardaí had searched Mr Gallagher's farm some months earlier, the tribunal heard.
"We didn't know how far to put Sgt [ John] White," the superintendent added.
Mr Doherty was brought to Milford Garda station when he was arrested to keep him away from Garda O'Dowd, Supt Kevin Lennon and Sgt John White.
"We were hoping that Mr Doherty would come clean with us and tell us what he was doing, why he was doing it and what his motivation was." Supt McGinley said it was "floating about" that "people were going to be demoted and all sorts of things" after Mr Doherty was released.
Supt McGinley said Chief Supt Denis Fitzpatrick met him and Supt Lennon. "The chief superintendent I think took the view that we should have handled it better," Supt McGinley said.