Fear of garda made witness lie, Tribunal told

A key witness told the Morris Tribunal today he was afraid of a garda sergeant who he claimed prompted him to make a maze of false allegations.

Bernard Conlon, an illiterate and unemployed man from Sligo, said Det Sgt John White put him up to making false claims that two members of the extended McBrearty family from Co Donegal threatened him with death by a silver bullet.

“I was afraid of the man,” the 49-year-old told the tribunal.

John Whelan, senior counsel for Det Sgt White, who was cross-examining the witness, asked: “Why did you go along with him?”

“I was under a bit of pressure from him, and I was getting money from him as well,” Mr Conlon said. “Like if I didn’t carry out the instructions. What he would do to me.”

He added: “Sgt White is a very contrary man.”

Mr Conlon told the tribunal that Sgt White, who is currently suspended from the force, had prompted him to make the death threat allegations against two members of the extended McBrearty family, Mark McConnell and Michael Peoples.

This led to the arrest of the two men in 1998 and 1999.

The story of July 20, 1998 had involved two men with Northern accents visiting Mr Conlon at his home and threatening him over his involvement in a liquor licensing prosecution being taken against Frank McBrearty’s nightclub.

Mr Conlon also told the tribunal that he was involved in the case as Sgt White had instructed him to stay in a nightclub after hours with drink in front of him in order to ensure McBrearty’s nightclub breached liquor licensing laws.

The witness received around 2,000 Irish pounds in witness expenses for making over 30 court appearances at the behest of gardai in the prosecution against the McBrearty’s nightclub.

Mr Conlon said he was not threatened by Det Sgt White, however, he was afraid of what the garda could do to him.

The witness said he went along with Det Sgt White’s instructions “like a fool“.

He admitted to the tribunal that he was aware that in making up the story he was putting Mr McConnell and Mr Peoples in great danger. However, Mr Conlon said he went ahead with the ’story’ as he was told to do it by Det Sgt White.

Mr Conlon has been convicted of making false statements against Mr McConnell and Mr Peoples.

Sgt White was acquitted on charges of perverting the course of justice at Letterkenny Circuit Court last January. He has totally denied the allegations made by Mr Conlon.

Later, Mr Whelan SC said he was not allowed to use a note in evidence and accused the Garda Commissioner and senior Garda authorities of trying to stop the use of materials to support Det Sgt White in the tribunal.

“I am just wondering why somebody or some person is trying to muzzle the documentation which is public and has been produced in a public court,” Mr Whelan said.

However, Peter Charleton, SC for the tribunal, said that all documents were checked with the Garda Commissioner as a matter of protocol to ensure they were not privileged.

Mr Whelan, who said the document had been with the tribunal for a considerable length of time, was later told he could use the note in question in evidence.

Michael Durack, SC for the Garda Commissioner, said: “It appears this document was one of two boxes of documents which we disclosed in the last few days or a week ago. It is quite inappropriate for Mr Whelan to suggest that this has been in any way suppressed and he should apologise for that.”

Judge Frederick Morris said: “We all understand the position that if there are documents to be produced that if they emanate from a garda source they have to go through the protocol.”