Disappearance of notes ‘not sinister’

THERE was no sinister motive behind the disappearance of interview notes during a botched murder investigation in Donegal, it was claimed yesterday.

A senior garda told the Morris Tribunal he never explored the whereabouts of notes taken from prime suspect Mark McConnell as he felt they were of no importance.

Retired Detective Sergeant Jim Leheny was among a team of officers investigating the death of cattle dealer Richie Barron in Raphoe in October 1996.

Gardaí believed Mr McConnell and his cousin Frank McBrearty Jnr had struck Mr Barron with a fatal blow to his head.

It was later ruled Mr Barron was the victim of a hit-and-run. No-one has ever been charged in relation to his death.

Mr Leheny claims notes he took during an interview with Mr McConnell during his 12-hour detention at Letterkenny Garda Station in December 1996 were left on a desk in the incident room to be typed.

He told the tribunal he called garda Tina Fowley the following day for a copy of the notes and Mr McConnell’s custody record.

Garda Fowley maintains Mr Leheny only ever asked for the custody record and that she never saw any interview notes on her desk.

Mr McConnell also alleges no notes were taken during the second interview with the officer.

Tribunal chairman, Mr Justice Frederick Morris, queried that if on the basis he accepted both sides, could a third party have intervened and removed the notes.

“Was there anything in the notes, that you can recollect now, that might represent an embarrassment for any third party?” asked the chairman.

Mr Leheny stressed that the notes were similar to the first set of interview notes, containing the same movements for the night in question .

“There is no sinister motive in what I have stated,” he said.

Mr Leheny said although the officers at Letterkenny were capable gardaí, more experienced staff should have been drafted in from other stations in the region to run the incident room during the murder investigation.

Garda Fowley also claims she saw Inspector John McGinley practising the signature of Mr McBrearty Jnr while the men were in custody, with Mr McConnell maintaining he was shown a four-page false confession signed by Mr McBrearty Jnr.

Mr Leheny denied Insp McGinley entered the room.

Mr McConnell claims he was pushed, roared, shouted and swore at throughout questioning.

He also maintains notes from his first interview were later fabricated, that gardaí threatened to put his child in care, and that he was shown a false confession and graphic autopsy photographs.

The Morris Tribunal, which is investigating garda corruption in Donegal, is currently hearing claims some 12 people — many related to the McBrearty family — were interrogated, intimidated and abused during the botched death probe.