Conlon was used as agent by White in campaign against McBreartys
Bernard Conlon, a repeat offender from Co Sligo, made a false complaint to gardaí that two men, Mark McConnell and Michael Peoples, came to his home in July 1998, produced a silver bullet and told him it would be waiting for him if he gave evidence against the McBrearty family in an upcoming after-hours drinking prosecution.
Conlon was subsequently charged and convicted of perjury after he repeated the story in court but he always maintained he had been put up to it by Detective Sergeant John White, who has been savagely criticised in the Morris reports.
But the report of the Silver Bullet Module says the tribunal was “unable to identify and isolate a single piece of evidence” that it could rely on to support Conlon’s claim of Det Sgt White’s influence on this occasion.
The report does say, however, that Det Sgt White should have spotted obvious flaws in Conlon’s claims and passed them on to investigators. It also firmly concludes that Conlon was retained as an agent by White, who used him in a campaign against the McBrearty family, members of which were wrongly treated as the chief suspects in the 1996 death of Raphoe, Co Donegal, cattle dealer Richie Barron.
It says Det Sgt White directed Garda John Nicholson to arrange for Conlon to be at the McBreartys’ premises, Frankie’s Nightclub, in Raphoe on August 30/31, 1997, after hours with as many alcoholic drinks as he could amass.
The plan was that he would be a “found-on” in a garda raid in the early hours of the morning and would give evidence in the subsequent licensing prosecution, all in return for a cash payment.
The payment of £600 (€762) was made by way of falsified witness expenses claims when he turned up unnecessarily at a series of hearing dates while the prosecution made its way through the courts.
The report rejects Garda Nicholson’s claims that he did not understand why White wanted Conlon to be at Frankie’s Nightclub.
It says both Det Sgt White and Garda Nicholson “told lies” in their evidence to the tribunal and “deliberately deceived” their garda colleagues as they tried to deal with Conlon.
The report states: “The tribunal is satisfied that Det Sgt White manipulated people and events to his own ends, both in organising the escapade of the 30th/31st of August 1997 and in trying to conceal his involvement subsequently.
“Mr Nicholson lied about his involvement in these events to the Carty team [the internal garda inquiry that preceded the tribunal], his colleagues, his deceased colleague’s [Garda John Keogh] family and to the tribunal, though given every opportunity to assist in ascertaining the truth.”
The report also finds that Conlon made up a story that he had been offered a bribe by a private investigator working for the McBreartys to withdraw his evidence in the licensing prosecution.
It says Conlon told “multiple lies” while making his bogus complaint against private investigator William Flynn, but his complaint was not fully investigated by gardaí in Sligo, or the Carty team, so the extent of his lying was not fully appreciated.
If it had been, Mr Justice Morris concludes: “It could well have led to a reassessment of Mr Conlon as a witness of credibility and, as a consequence, the arrest of Michael Peoples on the 6th of May 1999 [on suspicion of Richie Barron’s murder] could have been avoided.”
The report recommends that the use of garda agents and witnesses needs to be strictly controlled.
A small-time criminal from Co Sligo, Conlon, aged 50, was described as a man of low intelligence who was illiterate and innumerate.
He had many previous convictions for offences including theft, forgery, indecency, malicious damage and cattle maiming and he had impersonated a garda and a social welfare officer. He displayed a naivety in committing some offences by using his own name in forgery bids, making it easy for gardaí to find their culprit.
He told lies on oath to the tribunal and to the district and circuit courts, and was prosecuted for perjury.
He was found guilty at in 2002 but was given a three year suspended sentence after a judge said his intellectual difficulties made him easily influenced by manipulative gardaí.
Nicholson joined the gardaí in 1967 and was based in Sligo for 30 years from 1972 to 2002, where he got to know Bernard Conlon and became aware of Conlon’s track record and reputation. In 2002, he was charged in connection with the falsification of loss of earning certificates worth £600 (€762) which were attached to claims for witness expenses for Bernard Conlon.
He pleaded guilty but was dealt with under the Probation Act, was ordered to pay compensation and retired in September 2002.
He wrongly implicated two innocent garda colleagues in the fabrication of the witness expense claims. He was the garda who arrested Mark McConnell for the first time in 1997 on suspicion of the murder of the late Richie Barron.
The tribunal concluded he planted shotgun at the Burnfoot Travellers’ site.
It rejected claims by Sgt White that there was a conspiracy by garda management to bring him down and discredit him. It said the conspiracy theory was a work of fiction.
The tribunal did not accept Sgt White’s claims he was on a reconnaissance operation at Burnfoot the night he planted the gun.
The inquiry’s finding goes against last month’s court decision, which found that Sgt White had not planted the firearm.
The report said Sgt White, who is suspended from the force, lied about the warrants he got to authorise the search.
The tribunal accepted the evidence given by Gda Kilcoyne against his partner Sgt White.
He told the tribunal Sgt White came up with the idea of planting a firearm before the search.
He said the sergeant then retrieved a shotgun from a shed. He said they travelled to Burnfoot, Sgt White planted the gun.
Mr Justice Morris described Gda Kilcoyne as a “most unusual witness” in that he did not try to minimise his role and admitted to being “weak and negligent” for not stopping Sgt White.
The report found that Gda Kilcoyne was not influenced by senior officers to make his claims against Sgt White.
Engaged in “disgraceful conspiracy” with two gardaí under his direction to aid Sgt White.
This involved making allegations that two innocent officers — Gda Eamon McConigley and Gda Tony Moran — planted the shotgun.
Sgt Conaty was already suspended from duty on foot of more than 30 disciplinary enquiries.
The tribunal said he deliberately lied to further the conspiracy.
The report said his wife, Carmel Conaty gave evidence in support of her husband’s lies.
The tribunal said Gda Leonard regarded his function as being that of “mischief maker”.
The report said Gda Leonard lied to further the conspiracy theory.
His wife Majella Leonard also gave evidence supporting her husband’s claims.
The tribunal found that Gda Padraig Mulligan also attempted to pervert the course of justice by conspiring with Sgt Conaty and Gda Leonard.
The report said Gda Mulligan was himself facing serious questions, which he refused to answer, as to his conduct on the night Mr Baron died.
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