Garda at centre of 'set-up' claims still to give his account

The Morris tribunal has risen for the summer. Christine Newman reviews the evidence.

The Morris tribunal has risen for the summer. Christine Newman reviews the evidence.

Bernard Conlon's love of country and western music led to this module of the tribunal.

If he had not occasionally travelled from Sligo to Raphoe in Co Donegal to visit Frankie's nightclub owned by the McBreartys to hear acts like Big Tom and Joe Dolan, the tangled web of allegations might never have happened.

But he did and, as a result, the consequences have reached far into the Garda divisions in both Donegal and Sligo.

READ MORE

Conlon has claimed the whole thing began in 1997 when Det Sgt John White asked him in Raphoe to be deliberately found on the nightclub premises late-night drinking. He was to be a State witness against the McBreartys.

This, he alleged, was to "set-up" the McBreartys who had been accused of being involved in the death of cattle-dealer Richie Barron. The tribunal has found it was a hit-and-run and had nothing to do with the McBrearty family.

Conlon also claimed White told him to fabricate a story that two men called at his door and threatened him with a silver bullet and he falsely identified two members of the extended McBrearty family.

Meanwhile, gardaí in Sligo were being drawn into events.Garda John Nicholson gave Conlon a message from White to go up to Raphoe on a night which happened to be the same night as the raid. Conlon gave Nicholson his statement about being "found on".

Then there was a problem about Conlon getting certificates of loss of earnings for his court appearances. Nicholson, an upright, reputable garda and pillar of the community all his life, forwarded forged certificates to Letterkenny.

Later, after more than 30 years in the force, he pleaded guilty to, and was prosecuted for, uttering forged certificates.

He claimed he asked a Garda John Keogh to get the certificates and he returned with the forged ones.

Garda Keogh's family were granted representation to defend his name.

Insp Gerard Connolly became involved when he took Conlon's statement about being threatened. He submitted inaccurate bus and subsistence claims for Conlon. He was disciplined for it and said his career suffered.

Giving evidence, Conlon, an illiterate man who has previous convictions, was woolly at times but never wavered from his basic allegations against White. His testimony was peppered with "That's his story" when White's account was put to him.

Nicholson's evidence was marked by warnings from chairman Mr Justice Frederick Morris to tell the truth and the whole story. In the end, an increasingly frustrated chairman warned Nicholson that if he was found to have been obstructing the tribunal in the way he answered questions, he would be guilty of a criminal offence for which he would be punished.

The first member of the Carty Garda internal investigation team, which looked into allegations of corruption in Donegal, appeared. Conlon made his allegations to the team that he was put up to making false statements by White

Chief Supt Austin McNally said Det White's arrest came about as a result of the allegations and corroboration of Conlon's statement.

This drew the wrath of White's counsel, who said he would have to seek the team's documents and cross-examine on exactly where they were saying the corroboration was.

Det White is denying all the allegations against him. He was acquitted in Letterkenny Circuit Court earlier this year of perverting the course of justice.

So the term ended without the cross-examination. Det White's direct evidence, in which he will give his own account for the first time, will not be heard until the end of September.