A retired Sligo garda has been accused of blaming the forgery of documents linked to a witness in a liquor licensing prosecution against the McBrearty family in Donegal on another garda who has since died, to minimise his own guilt in the matter.
In August 1997, the witness was allegedly told by a garda to get caught drinking after hours in a nightclub in Raphoe owned by the McBreartys and then to give evidence for the State.
Former garda John Nicholson told the Morris tribunal that Garda John Keogh, now deceased, had been the one to produce a false work certificate in order to claim witness expenses for Bernard Conlon despite the fact that Mr Conlon was not working at the time.
Cross-examining, former superintendent Kevin Lennon said to Mr Nicholson: "You only mention the late Garda Keogh to cover your tracks."
"That's not true," Mr Nicholson replied.
"It's convenient to do it," added Mr Lennon.
"That's not true," repeated Mr Nicholson, who pleaded guilty to three counts of uttering forged documents in 2002, for which he received the Probation Act.
Mr Nicholson also denied that he had instructed Mr Conlon to go to the McBreartys' nightclub and to have alcohol in front of him when the gardaí arrived, in order that the McBreartys could be prosecuted under the liquor licensing laws.
Mr Nicholson was giving evidence in the tribunal's module relating to Mr Conlon's false claim that he was threatened by members of the extended McBrearty family because he was a witness in an after-hours drinking case against the Raphoe family's business.
Chairman Mr Justice Frederick Morris questioned Mr Nicholson on his evidence. At one stage, Mr Justice Morris said: "I am not going to waste my time with this nonsense."
Later, he added: "You know as well as I that I am looking for facts. You and I have been long enough at this game that we know when a witness is evading questions.
"I am not suggesting that you are lying, Mr Nicholson, but please answer truthfully and fully."
"I am doing that," replied Mr Nicholson.
"You are not doing that. You're not being helpful to me by sheltering behind vague answers," said Mr Justice Morris.