MORRIS TRIBUNAL: A retired detective garda witness was ordered to stand down from the Morris tribunal yesterday, after the tribunal's counsel said he was "entirely dissatisfied" with his evidence.
The evidence of Mr Patrick Cafferkey and another witness, Garda Tom Rattigan, will now be examined by the tribunal's investigation team and the witnesses may face imprisonment if they do not co-operate with investigators.
Both witnesses will be recalled for further questioning after Easter. Mr Cafferkey was asked to stand down by Mr Paul McDermott SC, for the tribunal, after Mr Cafferkey continuously said he could not remember the background to certain events.
While he agreed that he had made a decision to distance himself from a colleague, Det Garda Noel McMahon, he said he could not say why. He knew that somebody said something about the detective, but he did not know what this was. On Tuesday, Mr Justice Morris challenged Mr Cafferkey's evidence and said he was doing his "utmost" to avoid giving information.
Yesterday, Mr McDermott said: "As counsel for the tribunal, I am entirely dissatisfied with the answers which you are giving to the tribunal and at this stage I propose to ask you to step down. And I'm indicating to you that further inquiries and investigations will be carried out in relation to the answers which you have given to the tribunal."
Mr Peter Charleton SC, for the tribunal, said the tribunal team was asserting that it had the responsibility to recall witnesses where necessary. It could arise where the evidence of a witness appeared to be utterly at variance with sense. "We are not prepared, Sir, to let apparently senseless evidence go unchallenged," Mr Charleton said.
"As you are aware, Sir, the failure to co-operate with the investigators is a criminal offence, carrying an appropriate penalty, including imprisonment."
Mr Charleton said the evidence of Garda Tom Rattigan also required further investigation. Garda Rattigan gave evidence on Monday and was also challenged for his failure to recall specific details.
He told the tribunal he had found bomb-making paraphernalia in Ms Adrienne McGlinchey's flat in Buncrana, Co Donegal, and rang Det Garda McMahon, who was off duty, but did not contact the Garda station.
Later, the tribunal heard a claim from Ms McGlinchey's former neighbour that living beside her was "worse than Hawaii Five-O".
Ms McGlinchey and Ms Yvonne Devine rented a flat two doors from Mr Francis Crawford in Buncrana in the early 1990s. He said it was impossible not to notice their "unusual and unsavoury" activities.
Mr Crawford said the area was "the Ailesbury Road of Buncrana" but the activities of the women had done "irreparable damage" to its reputation.
Garda cars called "almost every day" and when the women saw a Garda car they would run in front of it to get the attention of the gardaí and then run away.
"This would have to be seen to be believed, it was so strange," he said. The Garda cars always took the bait and gave chase and Mr Crawford could never understand this. Mr Crawford eventually complained to Ms McGlinchey's landlord, Mr John Mackey. "I said, 'John, it's like Hawaii Five-O up here. What are you going to do about it?'" Mr Mackey told him there wasn't much he could do as the rent was being paid.
The flat was searched by gardaí on March 14th, 1994, and metal objects and material that appeared to be fertiliser was removed. Mr Crawford said neighbours could not understand why "the place was not sealed off and evacuated immediately".
There was supposed to be a bomb factory in the flat, yet the welfare of the neighbours did not seem to be taken into account. "Was it disrespect or was it negligence?" he asked.
The tribunal has already heard that the material seized in the flat was never analysed and nobody was ever charged with any offences relating to the raid. Mr Justice Morris said he was also asking himself questions about the handling of the incident.
