Morris tribunal: A Donegal publican has alleged that a Garda superintendent "created" a false statement of confession to murder during the inquiry into the death of Raphoe cattle dealer Mr Richie Barron.
Mr Frank McBrearty jnr said there were nine points of comparison between his alleged confession when he was arrested on December 4th, 1996, and questions Supt McGinley's put to Róisín McConnell four hours before he made the alleged confession.
"I'm accusing you of fabricating that statement against me, and you got the four boys from Dublin to help you do it," Mr McBrearty said. Members of the National Bureau of Criminal Investigation questioned Mr McBrearty in custody.
"The suggestion is that you were instrumental in the preparation of that statement, which is alleged to be a false statement," said the chairman.
"That's not true chairman," said Supt McGinley. "The scenario which I put to Róisín McConnell was what I believed and what everybody believed."
The chairman asked if Supt McGinley's questions to Mrs McConnell were available in the Garda conference room.
"Members after each session would return to the incident room and update the conference room on how the interviews would progress," Supt McGinley said. "Their notes for the most part would have been returned to the conference room." Ms Sean Quinn BL for AGSI asked him if the similarities were common phrases. "Any similarities there are similarities of necessity," she said. "There aren't that many ways you can say 'we went into the club'."
"I would say that, Mr Chairman," said Supt McGinley. "There are also a lot of differences."
Mr McBrearty was yesterday allowed to continue his questioning of the superintendent, after being told on Thursday that the chairman regarded his cross-examination as over. Mr Justice Morris ruled that he would allow Mr McBrearty to continue, provided he did not make "random accusations and challenges" without supporting evidence.
"At no stage has any evidence been offered to the tribunal which would support the view that either Mr McConnell or Mr McBrearty were responsible for the death of Mr Barron," the chairman said.
He said any cross examination to support their contention that there was "conspiracy on the part of the guards" to frame Mr McBrearty and his cousin Mr Mark McConnell could be helpful to the tribunal.
Supt McGinley told Mr Michael Durack SC for the Garda Commissioner that the Barron case was not his investigation.
Questioned by tribunal barrister Mr Peter Charleton, he said former Supt Kevin Lennon had never said they were after the wrong people. He said that after a key witness withdrew allegations, he understood from his pursuit of the inquiry that Mr Lennon "was pursuing a murder." "Was there anything to suggest at the time you were involved in the investigation that any contrary view was being expressed by Supt Lennon or Sgt John White?" asked Mr Charleton.
"No," said the superintendent.