Grievous negligence investigating death, say senior gardaí
The charge was made by Supt Kevin Lennon, who later took over the inquiry into the death of Richie Barron, near Raphoe, on October 16, 1996.
In a note following his takeover of the case, Supt Lennon suggested there had been a neglect of duty on the part of officers, who when called on the night Mr Barron died among other things failed to preserve the scene of what looked like a fatal hit-and-run accident.
Supt Lennon's notes were recalled yesterday by Supt John Fitzgerald, who was in charge of the police district at the time and also highlighted deficiencies in the handling of the affair in the immediate aftermath.
After initially working on the hit-and-run theory, gardaí launched a murder inquiry a development that eventually lead to the establishment of the tribunal focusing on two local men, Frank McBrearty Jnr and his cousin Mark McConnell, as prime suspects.
The Morris inquiry is examining how the Barron death was investigated including the claims that garda officers were late arriving at the scene of the incident, and derelict in the performance of their duty.
Also being queried are the reasons for considering the two men as murder suspects and other apparent operational flaws, including the use of informers.
There were allegations that Mr McBrearty and Mr McConnell and their extended family, came in for 'gross harassment' and mistreatment from the gardaí, and civil court cases are still being pursued about those claims.
The tribunal heard Mr Barron died as he walked home with a blood-alcohol level far in excess of that permitted for driving.
Irish pathologists and forensic experts from Britain's Home Office have said the probable reason for the death was a road accident, and the inquest produced an open verdict.
No one has ever been charged in connection with the incident.
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