Witness may face prosecution over 'non-co-operation'

The chair of the Morris Tribunal warned a petty criminal today that he may face legal action after he consistently told the inquiry he could not remember.

Former High Court President and tribunal chairman Mr Justice Frederick Morris told Paul ‘Gazza’ Gallagher he was satisfied that he had obstructed the tribunal and treated it with contempt and disdain.

Mr Justice Morris said he would re-read transcripts of Gallagher’s evidence before deciding whether to pass on details to the DPP.

“I propose to re-read the transcript of your evidence and having done so I propose to make up my mind as to whether or not I will turn the paper to the DPP for the purpose of his decision whether or not any prosecution should be brought against you,” Mr Justice Morris said.

“I’m satisfied that you have treated the tribunal with disdain and contempt, I gather that from your demeanour and your attitude throughout the entire of giving of your evidence.

“I’m satisfied that you made absolutely no attempt to be of assistance to the tribunal and I am satisfied that your persistent attempts to shelter behind ‘I can’t remember’ has obstructed the tribunal.”

Mr Justice Morris said the transcripts of evidence that he had read so far “accurately reflected” the evidence Mr Gallagher had given.

And he offered the 29-year-old Letterkenny man the opportunity to alter any evidence he had given to the inquiry over the last number of days. Mr Gallagher declined the offer.

Mr Gallagher has continually told the tribunal he cannot remember which members of the gardai in Donegal encouraged him to stitch up Frank McBrearty junior over the death of cattle dealer Richie Barron.

Mr Barron died in an apparent hit-and-run accident in Raphoe in October 1996.

When asked if there were any gardai who could cause him trouble if he revealed their identities Mr Gallagher replied “no”.

The tribunal is looking into a range of allegations about Garda operations in County Donegal during the 1990s.

The corruption claims inquiry is now focusing on events surrounding the death of Mr Barron almost eight years ago.

It was a Garda investigation into Mr Barron’s death during which members of the extended McBrearty family were questioned that led to the inquiry being set up.