Informant's arrest a charade, tribunal told

The arrest of a key informant during the investigation into the death of cattle dealer Richie Barron was a “charade”, the Morris Tribunal heard today.

Superintendent John McGinley, who was then a detective inspector in Letterkenny, said the informant, Noel McBride, had been dealt with in a way that belied any semblance of rationale.

“First of all you had this man taken out of a cell where he supposedly stole an aerial. Nobody bothers to take a statement from him. He then supposedly admits being in Raphoe (County Donegal) and having this major sighting.

“So what do the two members (Garda John O’Dowd and Garda Phil Collins) do?

“They take a meal break first, then put him back into the cell and don’t take any statement off him.”

Superintendent McGinley said the actions of the gardai involved showed the arrest was a “charade”.

During his November 1996 interview, McBride claimed to have been in Raphoe and to have seen Frank McBrearty Junior and his cousin Mark McConnell passing through a car park close to the road where Riche Barron had died.

However, it later emerged he had not been in the town that night.

He retracted his six sworn statements, claiming he had been put up to it by one of Garda O’Dowd’s informers, William Doherty.

Superintendent McGinley said he believed Garda O’Dowd was trying to rope him into the situation when he called him at around 9pm on the night of November 29 1996.

“He told me he had someone in custody and he asked me would I come into the station and I said I would. He didn’t mention anything in relation to his name.

“He said he had only received this one phone call from Garda O’Dowd on the night of the arrest.”

However, Tom Creed SC, representing Garda John O’Dowd, then referred to phone records which showed another three minute call made by his client to Superintendent McGinley’s house.

“I don’t recall ever receiving any other call from him,” said Superintendent McGinley.

Mr Pat Marrinan SC, representing the Garda Commissioner, said it was unfair to ambush witnesses with records which they had been given no notice of.

Mr Creed said Garda O’Dowd’s phone records had been made available to the tribunal but that he had not made a statement about them.

He added that his client had called Superintendent McGinley because he was finding it difficult to get information from McBride.

“He arrived in the station with this prisoner at 6.55pm, interviewed him at 7.15pm and then a meal break at 8.20pm. If he had such an important prisoner with such important information, he didn’t spend very long trying,” said Superintendent McGinley.

Mr Creed asked if he suspected something underhand was going on when he arrived at the Garda station.

“I didn’t suspect that at the time. I think there were some undercurrents going on there,” said Superintendent McGinley.

The statement taken from McBride by Garda O’Dowd and Garda Collins was later found in the home of another Donegal Garda, but McBride denied the signature on it was his.

“It was a strange place for it to finish up,” said Superintendent McGinley.

Towards the end of the cross-examination, Judge Morris asked Superintendent McGinley if he wanted a break during his eighth day in the witness box.

“No, it’s OK chairman. The longer I stay here, the sooner I’ll get out of it,” he replied.