Witness alleges detectives tampered with evidence

Mr Frank McBrearty jnr alleged two detectives either forged his signature or tricked him into signing a statement admitting he killed Mr Richie Barron, the Morris tribunal heard today.

The statement in question was taken on December 4th 1996 while Mr McBrearty jnr was being questioned at Letterkenny Garda Station in connection with the death of Mr Barron by two members of the Garda National Bureau of Criminal Investigation; Det Sgt John Melody and Det Garda John Fitzpatrick.

In it, Mr McBrearty jnr allegedly states he and his cousin Mr Mark McConnell intended "having a word with Richie Barron" and waited for him on the road in Raphoe in the early hours of October 14th 1996 where Mr Barron's body was later found.

Counsel for the tribunal Mr Paul McDermott SC told the inquiry Mr McBrearty jnr allegedly says Mr Barron lashed out when stopped by him and Mr McConnell. According to the statement Mr McBrearty jnr then "hit him a slap on the head" with a piece of timber.

On the fourth day reading his opening statement, Mr McDermott said Mr McBrearty jnr vehemently denied making, seeing or signing any statement admitting to the killing of Mr Barron and says the content of the confession is untrue.

The interviewers have denied all allegations of wrongdoing.

Mr McDermott said the allegations made in respect of the taking of the statement, if accepted as truthful, have the most serious consequences for those involved. Fabrication of a statement of admission in respect of a murder inquiry is a "truly awful attack on the rights of the prisoner" , he told the tribunal.

The tribunal heard that the document containing the alleged statement is a single page. The alleged confession appears on the first page while Mr McBrearty jnr's alleged signature occurs on the second page under two sentences which relate to his father, not Mr Barron's death, Mr McDermott said.

The tribunal also heard a statement from Garda Tina Fowley who was on duty in Letterkenny Garda Station on the same day. She stated that she saw Det Insp John McGinley writing on a half sheet with a photocopy of a witness statement beside him.

She described how Det Insp McGinley showed her the signature of Mr McBrearty jnr and asked "Is that a good likeness?"

The interviewers deny the allegation and assert that all the interviews were properly conducted.

The "signed" confession was not subsequently used as part of a prosecution against Mr McBrearty jnr in connection with Mr Barron's death. In recommending that no action be taken, Supt Kevin Lennon stated in March 1988 that while the signature on the confession appears to be that of Mr McBrearty jnr the main content was not signed or initialed by him.

The statement would not stand up to the rigours of cross-examination and Mr McBrearty jnr now denies making the statement, he added.