Garda admits error in not preserving death scene

It was a mistake not to preserve the scene of cattle dealer Riche Barron’s death, a garda admitted at the Morris Tribunal today.

Garda James McDwyer initially requested that the scene should be preserved but he was told by another officer there was no need because it was just a road traffic accident.

“It was a mistake. I believe I should have had the strength to take on the responsibility but I didn’t,” said Garda McDwyer.

When gardaí arrived on the scene at around 1.30am on October 14 1996, the body of Mr Barron had been taken by ambulance to Letterkenny General Hospital.

But Garda McDwyer discovered a piece of human flesh – containing human hair - on the road, five feet from a pool of blood. This piece of flesh went missing the next day.

Although the most senior officer at the scene, Garda John Birney, told the tribunal he had difficulty accepting there were any human remains there, Garda McDwyer said he was “100% certain” in what he saw.

He was told on the squad car radio at 2am that Mr Barron had died. But the scene was not preserved, meaning that no forensic examination could be carried out.

Although the gardaí subsequently treated Mr Barron’s death as a murder investigation, when his body was exhumed four years later, a forensic examination found it was likely he died after being hit by a car.

Counsel for the Tribunal Anthony Barr asked Garda McDwyer if the failure to seal off the scene was strange.

“I can’t speculate on that except to say that was what happened,” said Garda McDwyer.

He said that in his experience of fatal road accidents, the scene was only preserved in one out of 10 cases.

Garda McDwyer was also asked if he had told a Garda superintendent that he had been intimidated and threatened by Garda John O’Dowd.

Garda John O’Dowd was off duty on the night of Richie Barron’s death but had been drinking in a pub in Lifford until 12.55am that night with Garda Patrick Mulligan, who was on duty.

Both attended the scene of Mr Barron’s death with Garda McDwyer and Garda Birney.

Garda McDwyer said he had a disagreement with Garda O’Dowd about who arrived first at the scene but that he had not been intimidated.

Counsel for the tribunal Anthony Barr said he might return to this issue at a later stage.