Gardaí at centre of bogus arms finds refused costs

The Morris tribunal has refused costs to two gardaí who were found by the inquiry to have corruptly organised explosives finds…

The Morris tribunal has refused costs to two gardaí who were found by the inquiry to have corruptly organised explosives finds in Donegal in the years leading up to the 1994 IRA ceasefire.

Det Garda Noel McMahon resigned from An Garda Síochána in July, while Supt Kevin Lennon was suspended. His future will be discussed at a Cabinet meeting tomorrow.

Mr Justice Frederick Morris
Mr Justice Frederick Morris

Mr Justice Morris refused costs to Det Garda McMahon, finding he had "lied in an effort to mislead the tribunal" and "gave a misleading account of his dealings."

The tribunal chairman, Mr Justice Frederick Morris, also said that Supertendent Kevin Lennon "lied to the tribunal on almost very issue on which he gave evidence." He found the superintendent was not entitled to recover costs involved in typing, photocopying, and labour costs.

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The tribunal awarded whistle-blower Ms Adrienne McGlinchey 75 per cent of her costs, describing her as "courageous". Mr Justice Morris found she had told the truth about bogus explosives finds, and as a whistle blower "in giving evidence she was taking a courageous stand".

Without whistle blowers, the chairman said, tribunals would not be able to uncover corruption.

However, Mr Justice Morris deducted a portion of her costs, as he found she had misled the tribunal about her relationship with the Garda before she met Det Garda McMahon in 1991.

The judge awarded full costs to the other whistle blower in the case, Mrs Sheenagh McMahon, estranged wife of Det Garda McMahon, and to Ms McGlinchey's sister Karen.

Two other gardaí, Mr PJ Thornton and Mr Martin Leonard, were refused all costs. Justice Morris was not satisfied that Garda Thornton "told the truth concerning the find" made at Covehill, Letterkenny, on June 4th, 1994.

Garda Leonard, who along with Garda Thornton was involved in the find on June 4th, also gave evidence about the withdrawal of a statement by Mrs Sheenagh McMahon to the Carty team in 1999, and a meeting between the investigators and Det Garda McMahon.