Gardaí used criminals' statements to frame publican, tribunal hears

Statements from a number of local criminals were used as evidence in a bid to frame a Donegal publican for the murder of cattle dealer Richie Barron, it was claimed today.

Frank McBrearty junior told the Morris Tribunal gardaí deliberately used “false statements” to railroad investigations implicating him in the death probe.

The Raphoe businessman said a petty thief, Paul "Gazza" Gallagher, was seen “driving like a lunatic” through the town on the night of the accident.

But he claimed investigating officers used Gazza as a key witness rather than a suspect over the unsolved death.

Superintendent John Fitzgerald, who headed the Garda division at the time of the death, refuted suggestions officers coaxed him out of quizzing Gazza over the hit-and-run.

“There was no question of pressure put on me not to arrest Paul Gallagher,” the Supt said. “I totally refute that.”

But he pointed out that information from criminals should have been seen as unhelpful to the inquiry.

“Paul Gazza Gallagher would have been a very unreliable person, and a very unreliable witness,” the senior officer said. “He would have been a most unreliable witness because of his way of life.”

In all, three local criminals passed on information on the whereabouts and movements of Mr McBrearty jnr on the night of the road accident.

But the Superintendent claimed there was no solid evidence calling for "Gazza’s" arrest.

‘There was an investigation carried out into his movements,” he said. “It was carried out mainly by Sergeant (Sylvester) Henry, it was carried out mainly in the early part and he wasn’t arrested.

“We went as far as we could on it, and we could not put it any further, and for that reason he wasn’t arrested.”

“A full investigation went into Paul "Gazza" Gallagher, his times, his driving, they (gardaí) spent Tuesday searching for his car and whatever remains of it were found were sent for examination.

“We went as far as we could go on it.”

Gazza’s car, which was not insured or taxed, was found burnt out in a forest several miles from Raphoe days after the hit-and-run death.

Frank said a number of “black and white” statements had been made by Gazza in a bid to frame him for murder.

“It would look as though Paul "Gazza" Gallagher was used to frame me for murder,” Mr McBrearty jnr said.

“All the false statements that Paul "Gazza" Gallagher made against me, are you saying they are true?”

The Superintendent reiterated that information garnered from local criminals should not have been trusted.

The Tribunal was also told Mr McBrearty jnr’s car was held by gardai for almost three weeks pending forensic examinations.

Mr McBrearty jnr claimed a senior officer was seen driving the Nissan car through a nearby town when it should have been impounded.

The Morris Tribunal is investigating corruption amongst An Garda Siochana in Donegal in the 1990s.

The current module is looking into the events surrounding the death of cattle dealer Richie Barron in October 1996.