Gardaí 'rigorously' pursued potential witness, tribunal told

A senior garda told the Morris Tribunal today that officers had “rigorously” pursued a reluctant witness who had allegedly seen a suspect near the scene of cattle dealer Richie Barron’s death.

Superintendent Joseph Shelley said the investigation team had made several attempts to make a witness, John Patton, give an official record of events to gardaí.

“He had been pursued pretty rigorously I would say,” Supt Shelley said.

The tribunal heard that when Mr Patton was stopped at a checkpoint he informed Detective Garda Patrick Tague that he had seen one of the suspects, Frank McBrearty jnr, accompanied by one or two others, running through car park towards the Parting Glass around the time of Mr Barron’s death.

However, Paul McDermott, SC for the tribunal, asked why the farmer was not pursued more strongly to give an official statement because it appeared “central” to the case.

The Border Superintendent said they had made numerous attempts shortly after the death, including asking a relative of his, Garda Seamus Patton, to get him make a statement on record.

“It was emphasised to Garda Tague that he should pursue his source and he did that and for Mr Patton’s own reasons he didn’t want to make a statement,” Supt Shelley said. “It wasn’t ignored from an investigative point of view, far from it.”

However, the Superintendent said: “He was never believed to be someone who was telling lies or trying to mislead anybody.”

Mr McDermott said that Det Garda Tague had later said that he had “exaggerated” and placed his own “comments” on some of what Mr Patton had said in relation to Mr McBrearty jnr on that night.

Supt Shelley said: “I thought that everything that was being done was being done properly for the right reasons.”

Mr McDermott asked the senior garda the reason behind a note in the investigation room, which did not appear to have been examined, saying that Winston Laird’s daughter had allegedly seen Mr McBrearty jnr in a “wet” state coming down from the car park.

The senior counsel said there appeared to be a “number of occasions” when material was not followed through that seemed to implicate Mr McBrearty jnr or another suspect Mark McConnell.

The Superintendent said he saw “no reason why that person shouldn’t have been approached and interviewed”.

The senior garda told the tribunal that Supt John Fitzgerald, who was leading the investigation, had pressed the officers on several occasions to ensure they cross-checked the statements.