On-duty garda ‘would not admit to whereabouts’

AN on-duty garda would not admit to an investigation into the police force in Donegal his whereabouts on the night cattle dealer Richie Barron died, the Morris Tribunal heard yesterday.

Garda Martin Leonard, a local representative of the Garda Representative Association at the time, said Garda Pádraig Mulligan was being questioned by the Carty team about his location on the night of October 13/14, 1996.

The tribunal heard evidence from the then GRA representative, Garda Leonard, as to why Garda Mulligan would not admit at the time, or to the Carty investigators, to being in a pub in Lifford on the night in question. The tribunal was set up to look into the garda investigation after Mr Barron’s death on October 14, 1996.

An investigation, headed by Assistant Commissioner Kevin Carty, was then launched in 1999 after the McBrearty family alleged they had been harassed by local gardaí during the investigation.

Garda Leonard admitted under cross-examination that he had not consulted any senior GRA members as to what he should advise.

Garda Mulligan, who was being advised by Garda Leonard, made a statement to the Carty team, but he was worried about disciplinary proceedings being taken against him.

“His statement was made and he was saying nothing more,” said Garda Leonard. “We all knew it wasn’t the full story, I knew it wasn’t the full story, the investigators knew it wasn’t the full story but it was the statement that was going to be made, end of story.”

He added: “it wasn’t intended to fool them.”

Garda Leonard said they had taken legal advice and Garda Mulligan would not be interviewed by the Carty team in October 1999. Superintendent Hugh Coll, who was an inspector with the Carty team, said: “we told him clearly and left him in no doubt we were not carrying out a disciplinary investigation and wanted to find out what his duties were.”

Supt Coll said they had heard rumours that Garda Mulligan and an off-duty garda were in a pub that night. He said Garda Leonard would not be permitted to be present as there were no criminal or disciplinary matters involved and they wanted to clarify his duties on the night of October 13/14 1996.

The tribunal heard that the rumours were not admitted to or backed up until Garda James Connolly made a statement on April 28, 2000 which said the two gardaí were in the Lifford pub until 12pm on the night in question. Garda Leonard said it was not being disputed that the two men were in the pub on the night of Mr Barron’s death.

He was then informed that Garda Mulligan and Garda John O’Dowd were suspected of having possibly knocked Mr Barron down on the night in question. Garda Leonard said it was beyond belief and their cars were forensically examined.