Counsel for the Morris tribunal queried yesterday whether a phone call from an informant made the day after the death of Mr Richie Barron in Co Donegal was sufficient to support Garda Chief Supt Denis Fitzpatrick saying to the officer leading the investigation into the death of the cattle dealer words to the effect: "It's murder. Mark McConnell and Frankie jnr did it."
Mr Paul McDermott SC said Garda John O'Dowd had stated to the tribunal that he received a phone call from a Mr William Doherty on the night of October 15th, 1996, the day following the discovery of Mr Barron's body.
Garda O'Dowd had said he was told the "talk in the wakehouse" was that the death of Mr Barron was "supposed to be murder" and "one of the McBreartys" and Mark McConnell were involved.
Counsel asked Supt John Fitzgerald, who was then heading the investigation into the death of Mr Barron, whether that information was sufficient for Chief Supt Fitzpatrick to tell Supt Fitzgerald: this was murder and "Mark McConnell and Frankie jnr did it".
Supt Fitzgerald, who was continuing his evidence to the tribunal which is inquiring into Garda activities in Co Donegal, said he would have called it "a rumour" that Mr Barron was murdered. He had thanked Supt Fitzpatrick for the information, said he would take it "on board" and he was keeping "an open mind".
Asked about evidence from Chief Supt Fitzpatrick that he had phoned Supt Fitzgerald at his home on the night of October 15th and told him what Garda O'Dowd had said, Supt Fitzgerald said he could not recollect receiving a phone call that night but it was possible he had. He did recollect having a conversation with the chief superintendent on the 16th.
He agreed directions were given to re-preserve the scene of Mr Barron's death on the evening of the 15th and this was probably a result of the information alleging he was murdered.
Mr McDermott put to the witness a statement from Garda O'Dowd regarding a conference about the Barron case on October 16th attended by Supt Fitzgerald. Garda O'Dowd had said his information was discussed and it was decided the State pathologist, Dr John Harbison, should be called in as there was conflicting information concerning the cause of Mr Barron's death. Garda O'Dowd said he went to Raphoe later on the 16th and could not believe Mr Barron's body had been buried.
Supt Fitzgerald said he had only attended the conference for a limited time as he was busy with other aspects of the investigation. His priority was to contact Dr Harbison.
He said this was "not a normal situation" because a post-mortem had already been conducted by a pathologist, Dr John Barry. He agreed Dr Barry could not definitely say Mr Barron's injuries were due to a road accident.
He had spoken to Dr Harbison, who later that day told Supt Fitzgerald he believed it would be duplication for him to conduct another post-mortem. Supt Fitzgerald agreed he had not told Dr Harbison murder had been mentioned. He agreed that Dr Harbison not conducting a post-mortem left the gardaí with unanswered questions about the cause of Mr Barron's death.
Cross-examined by Ms Adrienne Egan, for Dr Harbison, he said he understood Dr Harbison and Dr Barry had consulted regarding the latter's report. He accepted his diary entries did not record the two doctors had spoken but rather that they intended to speak when photographs of Mr Barron's body were available. He agreed photographs were not available that day but some days later. He may not have instructed anyone to forward the photographs.
Ms Egan said this was the first time in 30 years it had been suggested that Dr Harbison refused to attend the scene of a suspicious death. Supt Fitzgerald said he was not criticising Dr Harbison. Supt Fitzgerald told Mr Tom Creed SC, for Garda O'Dowd and Garda Pádraig Mulligan, he had done nothing wrong regarding the investigation.
Everything he did, he did in good faith, he said. He accepted there were no notes of some of the Garda conferences.
Mr Creed suggested it was bizarre that Supt Fitzgerald made no further inquiries when told of the rumour that Mr Barron was murdered.
Supt Fitzgerald said that was because he had received no further information to back that up. He was being cautious. All he had was a bald statement, he had to wait and see if there was anything in it. He had not received other information until October 22nd.
