Justice Department slow to realise scale of problem in Donegal

John Breslin

Mr Aylward was given the task of outlining the history of how the department dealt with the information it received about Donegal.

As early as June 1997, officials were aware of Mark McConnell and Frank McBrearty Jnr’s denial that they signed a confession to murder, that civil proceedings had commenced and of the complaints of an inept and flawed investigation.

However, Mr Aylward said: “By virtue of decades of interaction with the gardaí, there would tend to be an assumption by the officials concerned that it was being handled appropriately by the gardaí, that there was oversight by senior management and that the complaints would be processed properly.”

Within weeks, this position appears to have changed. Senior officials became aware of the extortion calls and requested the Garda Commissioner to look into them as a “matter of urgency.” Reports were sought from senior gardaí.

Mr Aylward said, once officials were assured internal investigations were ongoing but that while it was being taken seriously in the department, alarm bells were still not “ringing hugely.” Even in 1999, when questions began to be asked in the Dáil, it was felt action by then Justice Minister John O’Donoghue would have been inappropriate given the internal probes and the fact that civil actions had been initiated.

In July 2000, it was announced that six gardaí and three civilians might face prosecution in relation to events in Donegal. The department was advised the best approach was to await the decision of the Director of Public Prosecutions.

By 2001, the department became concerned that these issues had remained unsolved.

The Morris Tribunal began its work a full year later.