Morris Tribunal: A witness had terrified himself when he "put two and two together and drew his own conclusions", a detective garda told the Morris tribunal into the activities of Donegal gardaí.
Det Patrick Tague believed there was "no physical reason" for Donegal farmer Mr John Patton to be afraid, but he found him to be "very afraid and very terrified" when he spoke to him in October 1996, a week after the death of Raphoe cattle dealer Richie Barron.
Det Tague said he found out from a "casual conversation" that Mr Patton had seen "two or three men running" near the Parting Glass/Frankie's nightclub and wanted to clarify this.
He went to see Mr Patton at his farm. As he was trying to get a description, Mr Patton became agitated. "I want nothing more to do with the McBreartys," he said.
Mr Patton had said Mr Frank McBrearty jnr "looked rise" and like he had "given someone a beating" because the detective asked if Mr McBrearty had perhaps ejected someone from the disco, Det Tague said. He could not explain why he had not mentioned this context in his report. "Getting a description of the person accompanying Mr McBrearty was much more important to him at the time," he said.
He didn't make a record of his interview in his car afterwards. "I should have done it," he said.
Mr Patton might give a description of the person with Mr McBrearty to his cousin, Garda Séamus Patton, the detective told Insp (now Supt) John McGinley. Mr Patton was "terrified", but his cousin might "put him at ease".
The detective handed Insp McGinley a note of his and Garda Patton's interview with Mr Patton. The note was handed to Insp McGinley in a sealed envelope because he had "promised to protect John Patton's identity".
Mr Patton did not say he was afraid of the McBreartys or that he saw Mr McBrearty coming across "rough ground". His report was an interpretation of what Mr Patton said to him and to Garda Patton, not the words of Mr Patton.
"What I believe is that John Patton had himself terrified by whatever conclusions he came to," Det Tague said. "This fear was his own doing." Asked if he conveyed this view to Insp McGinley, Det Tague replied: "Yes, I would have."
Earlier, Mr Martin Giblin SC, said Garda questioning of Mr Patton "went beyond any legitimate police investigation." "They were badgering this man into telling untruths."
Mr Patton was cross-examined about memos of interviews where he told gardaí he saw Mr McBrearty and another man outside Frankie's nightclub at 12.55 a.m. on the morning of October 14th, 1996, the day Mr Barron died.
Mr Patton said he first realised he was "a very important witness" when Insp McGinley came to see him on August 28th, 1997.
He "felt annoyed" on learning a senior garda, Supt John J. Fitzgerald, was saying he made reference to seeing Mr McBrearty at "waste ground" at the back of Frankie's nightclub, as he had never mentioned waste ground.
He described as "uncomfortable" a meeting with Carty inquiry members Det Sgt George Kyne and Det Sgt Fergus Traynor on October 14th, 1999, where they wanted to know if Mr McBrearty was "a bit rise looking." Carty members interviewed Mr Patton seven times.
The tribunal resumes today