A Garda sergeant has told the Morris tribunal that a former superintendent said he would "do a Frank Shortt job on McBrearty" during the Garda investigation into the death of Raphoe cattle dealer Mr Richie Barron.
The Court of Criminal Appeal quashed Mr Shortt's 1996 conviction of allowing drugs to be sold on his premises in 2000, and in 2002 awarded him a certificate of miscarriage of justice.
Sgt Martin Moylan, who helped run the incident room investigating the October 1997 death of Mr Barron, said that when he returned from a training course in Templemore in February 1997, Supt Lennon had taken over from the previous district officer in Letterkenny, Supt John Fitzgerald, who was transferred.
In a statement to the tribunal, Sgt Moylan said that Supt Lennon told him he would "do a Frank Shortt job on McBrearty". He said he believed at the time the new superintendent was "trying to play the big man".
"I thought at the time he was saying it but he really wasn't going to do anything," Sgt Moylan said.
He said he spoke to Sgt Hugh Smith about this, who agreed with him that it was "largely bravado on the part of Supt Lennon". The Garda sergeant said he was "livid" when six months later Sgt John White replaced him on the case. He said he returned from a visit to Galway in August 1997 to learn his colleague had been assigned to take over preparing a file on the controversial case.
Sgt Moylan said the only reason he could think of was that he had earlier told Supt Kevin Lennon that he would have to include a paragraph in his report about hoax extortion telephone calls made from the home of Garda John O'Dowd to a suspect in the case.
At the time, gardaí believed Mr Barron was murdered, but last year the Garda Commissioner confirmed they now consider the case to be one of death due to dangerous driving.
The sergeant said he was angry at being replaced, and spoke to Sgt Sylvie Henry, Sgt Hugh Smith and Insp John McGinley, who were investigating the calls.