Solicitor's interview 'was secretly taped'

Mrs Róisín McConnell was admitted to St Conal's hospital for psychiatric treatment following her interrogation by gardaí in connection…

Mrs Róisín McConnell was admitted to St Conal's hospital for psychiatric treatment following her interrogation by gardaí in connection with the death of Richie Barron, Mr Paul McDermott SC told the Morris tribunal yesterday.

He was reading from a statement from her solicitor, who made an official complaint on her behalf.

The treatment allegedly included being forced to pray to her dead father, being denied a phone call to arrange childcare for her baby and told he would be taken into care, being shouted at, abused and pushed around the room, he said.

Mr McDermott said serious allegations had also been made about members of the gardaí secretly taping a consultation between Mrs McConnell and her solicitor.

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She was arrested on December 4th, 1996, on her way to work. Her husband, Mark, was arrested about the same time at home, while he was dressing their son, then about 18 months old. She had already made a statement about her movements on the night of Mr Barron's death, which she reiterated this when arrested.

According to Mrs McConnell, she was abused as a "vicious murderer" by Sgt John White on the journey to Letterkenny Garda station. When she arrived she asked to make a phone call because she wanted to arrange care for her child. This was refused because Sgt White believed "it might hinder the investigation".

Mr McDermott pointed out that according to the regulations under which Mrs McConnell was arrested, a phone call can be refused only in exceptional circumstances, if, for example, the person is using it to arrange the destruction of evidence. "A wrongful denial of access to loved ones or to those who might care for one's child, might be calculated to upset or distress the detained person."

After about two hours, Mrs McConnell received a visit from her solicitor, Mr James Sweeney. They were left alone for about 20 minutes, during which he advised her. When the two interrogating gardaí returned, Mr Sweeney asked for a copy of the notes made of the interrogation so far, but this was refused.

Mr McDermott told the tribunal that a serious allegation concerning this episode was later made by Sgt White. This was that facilities had been put in place at Letterkenny Garda station for the recording of interviews between prisoners and their solicitors, and particularly between Mrs McConnell and Mr Sweeney.

He pointed out that reasonable access to a solicitor was a constitutional right and this right would be enormously undermined if members of the Garda were listening to what passed between them.

Sgt Joseph Costello had come to the station from the technical support unit at Garda Headquarters. Few people in Letterkenny had any contact with him, though Garda Tina Fowley said she was aware he was there to instal a listening device between the prisoners and any visitors they might have.

In his later statement Sgt White said that he saw Det Insp John McGinley, one of those conducting the McBrearty investigation, with a twin tape recorder in his office. When he asked him how the taping was going, Det Insp McGinley played a portion of it with Mr Sweeney's voice on it. They agreed the quality was perfect.

These allegations have been denied by Det Insp McGinley and Sgt Costello, who is now retired.

The allegations of mistreatment of Mrs McConnell were the subject of a complaint to the Garda Complaints Board. The delay in dealing with the complaint is the subject matter of another of the terms of reference of the Morris tribunal.