Suspicions linger over Barron death
ONE key question is still unanswered who was responsible for the death of Richie Barron in a hit-and-run?
The 670-page Morris report makes no finding on this because it was not charged to do so.
As Justice Morris explained in the report, a tribunal cannot usurp the constitutional right to a trial by jury in relation to a criminal charge.
The tribunal's function regarding the death of Mr Barron was to examine how the gardaí investigated it.
But even with this constraint, Justice Morris did throw some light on the fundamental question.
Mr Barron's body was found at 12.55am on 14 October 1996 outside Raphoe, Co Donegal.
Mr Morris listed four people as possible suspects, some of whom were treated as such by gardaí, others not. These were:
Paul 'Gazza' Gallagher
John 'Manny' Hegarty
William Ayton
Garda John O'Dowd
Gallagher was initially treated as a suspect and was the subject of extensive inquiries. He was expelled from Frank McBrearty's nightclub about an hour before Mr Barron's death and was seen driving erratically that night.
He made a statement implicating Mr McBrearty jnr in the murder of Barron. The tribunal concluded he made this statement "to deflect suspicion from himself."
Although he was properly investigated by Det Sgt Sylvester Henry, the sergeant "was discouraged in his efforts by the investigation team which had no interest in any alternative suspects to Michael Peoples, Frank McBrearty jnr and Mark McConnell."
'Manny' Hegarty was treated as a suspect, but not for long. This was despite the fact he had a row with Mr Barron that night and was driving in an intoxicated state.
Justice Morris said William Ayton should have been treated as a suspect. He was never interviewed by the initial garda investigation. In 2002 he was arrested by the internal Garda investigation on suspicion of dangerous driving causing the death of Mr Barron the only person ever so arrested.
The tribunal said his statements to gardaí were inconsistent and contradictory, although some were later confirmed in the tribunal.
Mr Morris said Ayton refused to attend the tribunal and "remains a suspect."
Sources say that while gardaí may want to speak to Ayton, he is not "a high category suspect."
The tribunal said gardaí would have been "justified" to have considered Garda O'Dowd a suspect, but never did.
The report found that O'Dowd was part of the conspiracy to frame McBrearty, McConnell and Peoples.
He was the one who came up with the theory that McBrearty and McConnell murdered Mr Barron after hearing a rumour from his informer William Doherty.
He supported extortion calls by Doherty to Peoples, one of which was made from his home.
Garda O'Dowd had been drinking with Garda Padraig Mulligan that evening. Around 12.45am, within minutes of the time Mr Barron's body was found, a witness, Eamon Strain, said he spoke to Garda O'Dowd on a side road near the accident.
He said Garda O'Dowd was able to tell him that a person had been injured on the road.
Justice Morris said it was "possible" that Mr Strain, "an honest witness" in terms of his description of the encounter, may have got the time wrong.
Mr Morris said O'Dowd was "disingenuous" in his encounter with Mr Stains.
The report said: "It is difficult to understand why, if Garda O'Dowd had nothing to hide, he told so many lies about his behaviour that evening."
Garda O'Dowd and Mulligan initially gave statements indicating they met at 12.45am on Monday morning, 14 October.
In subsequent statements, Garda Mulligan changed this to 11.45pm and Garda O'Dowd to 11.30pm on October 13. The gardaí said they drove around in Garda O'Dowd's car before going into Brannigan's pub at around 12.30am.
The report said both gardaí continued to hide their movements for the crucial period for years afterwards.
The report said it "does not conclude" that O'Dowd was involved in Mr Barron's death and said the garda rejected any such suggestions.
CONNECT WITH US TODAY
Be the first to know the latest news and updates
