A Donegal detective has told the Morris tribunal he could not explain how references to two gardai, including the superintendent in charge of the second investigation into the death of Mr Richie Barron, were not transferred from handwritten notes of an interview he recorded to a typed version of the notes.
The detective also told the tribunal he did not record all the questions asked. Notes of the questions were later written up in the kitchen of Milford Garda station.
Det Joseph Foley told the tribunal he was assigned to investigate the death of Mr Barron in September 1997. The detective said he re-interviewed people who had given statements about the night Mr Barron died.
He said there were concerns about some statements including one by Mr Noel McBride. "There was a feeling that McBride's statement was not correct."
On September 20th, 1997, after Mr McBride withdrew his statement, Mr William Doherty was arrested and brought to Milford Garda station, where he was interviewed. Det Garda Foley recorded notes of the interview.
Det Foley said there was "a change" during the interview when detectives asked Mr Doherty about Supt Kevin Lennon. "There was a kind of conversation ... It didn't seem part of the interview at the time." Mr Doherty was asked six questions including - if he had ever met Supt Lennon and Garda John O'Dowd, and how he came to have Garda O'Dowd's notebook in his possession. These were not originally recorded by Det Foley.
The detective told the tribunal he could not explain differences between his handwritten notes and a typed version. References to recognising the handwriting of Supt Lennon and Garda O'Dowd in Garda O'Dowd's notebook, and to phone calls Mr Doherty made to the two men were not recorded in the typed version.