Morris Tribunal: The senior garda who was district officer in charge during the initial investigation into the death of Raphoe cattle dealer Mr Richie Barron has said he believes that a local garda and an informer worked together to frame members of the McBrearty family.
The family members later became suspects when the inquiry changed from a hit-and-run to a murder inquiry.
Supt John J Fitzgerald told the Morris tribunal that he based his suspicion on the number of connections between Garda John O'Dowd and his informer, Mr William Doherty.
Supt Fitzgerald questioned how another man, Mr Noel McBride, who was not in Raphoe the night Mr Barron died, could name five or six people who were in town in a statement (later withdrawn) that he made implicating members of the McBrearty family.
Mr McBride earlier this year testified that Mr Doherty put him up to making his statement. The superintendent said "evidence had been given" that when Mr McBride was questioned prior to making his statement, Garda O'Dowd said to him "You were in Raphoe, sure I saw you myself", which could not be true.
He said Garda O'Dowd was "a good cute man with plenty of country cunning" and could not have been fooled by Mr Doherty.
Tribunal barrister Mr Paul McDermott SC asked him if it was now his view that "Garda O'Dowd connived with Doherty and McBride to frame the McBreartys?" "It's the only way I can see it," said Supt Fitzgerald. "I don't see it any other way."
He said that, "in hindsight", his opinion was that "Garda O'Dowd and William Doherty were working on this McBride fellow, so that when he got the statement he knew it was incorrect".
He also said there were a large number of phone calls between Mr Doherty and Garda O'Dowd, and that at the time he was not aware that Mr Doherty had an input into the investigation.
"The people that knew William Doherty was John O'Dowd, Kevin Lennon and Chief Supt Fitzpatrick. They knew Doherty."
Former Supt Lennon intervened to say there was no evidence he knew Mr Doherty at the time.
Tribunal chairman Mr Justice Frederick Morris said he could raise the matter in his cross-examination.
Supt Fitzgerald said that after Mr McBride's statement was "blown out of the water", a report critical of the original investigation into the death of Mr Richie Barron was written to "destroy" the officers who led the inquiry.