Garda denies sleeping during suspect’s interview
Superintendent John McGinley, who was then a detective inspector, had called to the home of Mark McConnell in Raphoe, Co Donegal, two days after Riche Barron had been found dead by the roadside.
Mr McConnell, who is representing himself at the tribunal, said the garda officer had fallen asleep on his couch during the interview in October 1996. “He wasn’t paying attention at all. I don’t want to be disrespectful to anyone but he was actually making slight snoring noises,” he said.
He added that the other member present, Garda Phil Collins, had done the questioning instead and written down his statement.
Mr McConnell said he made a comment to Supt McGinley about his sleepiness.
Supt McGinley, who was appearing on the witness stand for the tenth successive day, said he totally rejected this account.
“The normal practice (in a garda interview) is that the writer takes it down and the other member asks the questions to lay out the statement in chronological form. I asked him what had happened next and Garda Collins wrote it down. That was how the statement was taken,” he said.
Mr McConnell cross-examined Supt McGinley on other parts of his statement.
Mr McConnell said he had never “offered Richie Barron on” (offered to fight him) after he had been insulted by him in a local Raphoe pub on the night of his death.
“I told him to go home, that he was an old man. I read all the witness statements on the night and can’t see any witness that said I might have offered him on,” he said.
But Supt McGinley said that was obviously what he said on the night.
“It wouldn’t have crept in if you didn’t say it,” he said.
Mr McConnell said he had signed the statement afterwards but added that the gardaí did not read it back to him.
Both Mr McConnell and his cousin Frank McBrearty junior were arrested in connection with the death of Mr Barron but were later found to have no involvement.
When Mr Barron’s body was exhumed in 2001, the post-mortem examination found it was most likely he had died on the roadside as the result of a hit-and-run accident.
The Morris Tribunal is to hear its 250th day of evidence today on the Garda investigation into the death of Mr Barron and other matters in the Donegal Garda Division.




