Probe driven by false statements, inquiry told

TWO men were identified as suspects in the supposed murder of cattle dealer Richie Barron because of false witness statements allegedly concocted by a garda, the Morris Tribunal has heard.

The men, Mark McConnell and Frank McBrearty Jr, became suspects within 48 hours of the death of Mr Barron despite gardaí not even knowing whether a murder took place and the failure to preserve the scene or have a forensic examination of the body.

The tribunal heard that Gda John O'Dowd told his superiors he had information that placed the men near the death scene minutes after it happened.

An unlawful-killing probe was launched after Mr Barron's body was found shortly before 1am on Monday, October 14, 1996, in Raphoe, Co Donegal.

A post-mortem suggested the man was unlikely to have died as a result of a hit-and-run but a forensic examination by State Pathologist John Harbison was not carried out at the time.

When the body was exhumed four years later a forensic examination found it was likely Mr Barron died after being hit by a car.

The post-mortem results, coupled with information passed on by William Doherty described later as a compulsive liar led to Mr McBrearty and Mr McConnell becoming prime murder suspects.

The key testimony against the pair came in a series of statements by local man Noel McBride, who said he saw the two coming from the direction of the road where Mr Barron was found dead.

When interviewed years later by Carty investigators, Mr McBride retracted his statements and said he was nowhere near Raphoe on the night. He said he was coached to make the allegations by Mr Doherty. Mr Doherty alleges he was told what story to pass on by Gda O'Dowd. Mr Doherty, in interviews with the Carty team, made a series of allegations against Gda O'Dowd, Det Sgt John White and Supt John Lennon.

He claimed Gda O'Dowd asked him to make a statement placing the suspects close to the death scene but he had refused because his family knew he was at home that night.

Mr Doherty said he could get someone else Mr McBride to make a statement.

He also claimed Gda O'Dowd had given him the McBreartys' telephone number to make abusive calls.

He claimed to have travelled with Gda O'Dowd and Supt Lennon to Ardagh to plant explosives at a farm owned by Jim Lofty-Gallagher,

described by the tribunal as a man of impeccable character.

Mr Doherty, described by Carty

investigators as a totally unreliable witness, said Det Sgt White had given him defamatory leaflets accusing the McBreartys of murder to distribute.

He also claimed Det Sgt White was involved in the purchase of stolen cars, that he collected money for the detective and that he moved explosives for all three gardaí.

Peter Charleton SC, for the tribunal, said there were major questions for the inquiry to answer, including: was the investigation carried out competently; how can a murder hunt be launched without forensic evidence that it had been committed; and where did the detail in the statements come from?