Confusion during the changeover from telex to fax communication in the early 1990s may have led to reports of explosives finds in Donegal not being followed up, the Morris Tribunal has heard.
At the request of the Carty inquiry team, Insp Michael Finan conducted a search for files relating to a number of explosives finds in Donegal now under investigation by the tribunal.
Because reports of explosives finds in Donegal were sent by fax, it appeared a file number was not assigned to them, Insp Finan told the tribunal. At the time fax machines were new, and faxes were being treated as if they were telexes.
Reports in the post were given a file number, and it was normal procedure to follow up a telex with a report in the post. However, as no postal follow up to the faxes were made, no investigation file was opened.
A prototype computerised correspondence register was set up in 1993, but until 1996 the system did not generate automated reminders to follow up on correspondence, Insp Finan said.
The tribunal is examining allegations by Ms Adrienne McGlinchey that, together with Det Noel McMahon and Supt Kevin Lennon, she mixed explosives that were used later in bogus Garda finds of terrorist arms. Both men have denied those claims, and Ms McGlinchey denies she was an informer.
Supt Hugh Coll, of the Carty inquiry team, said Ms McGlinchey was a "difficult person" to interview. "She would normally wander off into other areas."
The Carty team was first led to interview Ms McGlinchey because of allegations made by Ms Sheenagh McMahon, the estranged wife of Det McMahon.
Supt Coll agreed he was in charge of the Carty investigation dealing with allegations of planting of explosives by gardaí. "It was clear to us she was never a member of the IRA," he said.
Meanwhile, a report in The Irish Times on November 12th may give the mistaken impression that lawyers for suspended Garda Det McMahon were not given the right to cross-examine witnesses, the tribunal was told yesterday. Mr Paul McDermott SC said that during days 17 and 18 of the tribunal, Mr Brian Murphy, for Mr McMahon, did in fact cross-examine Ms McGlinchey at length.
"Mr Murphy's contention of course is that he requires sight of the documents [held to be privileged by the Garda Commissioner] to adequately represent his client before the tribunal.
"His submission is not that he is being denied fair procedures in terms of a denial of a right to cross-examine Ms McGlinchey or anybody else," Mr McDermott said.
Mr Murphy said his client's complaint with the Court of Criminal Appeal was he had no right to legal representation, or to cross-examination or appeal, as he wasn't a party to the proceedings, he was merely a witness under subpoena.
Mr McMahon has "enthusiastically" welcomed the tribunal and the only complaint he had wasn't with the tribunal, but with the Garda Commissioner, for "claiming privilege over the Adrienne McGlinchey file in Crime and Security", Mr Murphy said.
Mr Murphy said his client's fear was that, like the Court of Criminal Appeal, was he going to be denied an opportunity to vindicate himself and to tell his story.
Mr Justice Morris said he felt it was "grossly unfair to the personnel of this tribunal that the public should be left under the impression that DG Noel McMahon was being deprived of his right to cross-examine the witnesses".