Detective pointed gun at colleague, tribunal hears

A garda has alleged that a detective pointed a loaded weapon at his face and repeatedly cocked the hammer of the firearm.

The Morris Tribunal heard today of the "apparent incident" dated between 1993 or 1994 which was first reported to the Carty investigation team by Garda Seamus Gordon on the November 16th, 1999.

Reading from a report into garda conduct in Co Donegal carried out by the Assistant Commissioner Mr Kevin Carty, counsel for the tribunal Mr Peter Charleton SC said Garda Gordon was joined in the office of Buncrana Garda Station by Insp Kevin Lennon and Det Garda Noel McMahon.

"There was a general conversation which was light-hearted and jovial. I cannot recall the exact content of the conversation...but I do recall that Noel McMahon reacted to something that I said to him.

"He was standing beside the table at this point and he leaned forward towards me and pointed his official Smith and Wesson revolver at my face. I knew from the movement of his hand that he cocked the hammer of the firearm after he pointed the gun at me.

"He then released the hammer and cocked it again and again he released it by placing gentle pressure on the trigger while holding the hammer with his thumb. I cannot remember how many more times he did this.

"The gun was approximately two feet from my face and the front of the barrel was pointing at the bridge of my nose. The gun was pointed at my face for approximately five to ten seconds.

"I sat still in the chair while the gun was pointing at me. Moments later, somebody stated "put the gun away". I believe that it was Inspector Kevin Lennon who said this.

"Det Garda Noel McMahon then placed his firearm back in his holster. During the time that the gun was pointed at me I was in fear and I later learned that the gun had been loaded with bullets and this caused me greater anxiety over the following weeks and months."

Garda Gordon said Insp Lennon never spoke to him about the matter and nobody in authority ever approached him about it.

Detective Garda Michael Galvin and Garda Thomas McDonagh told the Carty inquiry that they recalled the incident.

Mr Charleton said Det Garda Noel McMahon was interviewed in relation to this matter on the 25th of March, 2000 and said that he never produced his official firearm to Garda Gordon at Buncrana Garda Station.

Garda Lennon, when interviewed by the Carty report on May 23rd, 2000 about the incident "is reported as having said that of all the accusations levelled against him that this one seemed to have 'a bit of substance', but as there was a professional person making the allegations that he should have made notes and that the failure, in that regard, was more serious than the alleged event".

Mr Charleton's opening statement concerns some of the most extraordinary allegations ever made against members of the Garda Síochána.

These include the unjustified prosecution of members of the extended McBrearty family in connection with the death of Mr Ritchie Barron on the roadside in October 1996. The function of the tribunal is not to convict anybody, but to make findings of fact.

Speaking on the first day of the tribunal's opening statement, tribunal chairman Mr Justice Frederick Morris, warned the public against taking "as fact" allegations made against gardai in Co Donegal. He said the good names of citizens should remain intact until proven otherwise.