Morris Tribunal: Ex garda could face prosecution

A witness to the Morris Tribunal could face criminal proceedings if it is decided he has obstructed the hearing, the chairman warned today.

Judge Frederick Morris said he would keep an open mind about former garda John Nicholson’s evidence to the tribunal into garda corruption in Donegal, until the end of the module.

But Mr Justice Morris said: “It’s a possibility that at the end of this I will form the view that your evidence has been such as to obstruct me.”

He said if that was the case it would be for someone else to form an opinion on what steps should be taken in relation to the issue.

“It’s right that you should know that’s in my mind and it’s right that you should know that if it is decided your conduct in answering questions is such as to obstruct the tribunal, that you are guilty of a criminal offence for which you will be punished.”

Asked if he stood by everything he said in the witness box, Mr Nicholson said he did.

The tribunal is currently examining the events around a false allegation that two members of the extended McBrearty family threatened a witness with death by a silver bullet.

Mr Nicholson took a witness statement from Bernard Conlon, detailing how he had been ’found on’ at Frank McBrearty snr’s nightclub after hours, and also arranged lifts to court for Mr Conlon to give evidence against the McBreartys, and passed on forged certificates of loss of earnings for Mr Conlon.

Earlier today the former Sligo garda, who was prosecuted in 2002 for passing on the false certificates, told the tribunal dishonest transactions were not normal practice at Sligo garda station.

He had obtained the first forged certificate from a fellow garda, John Keogh, who is now deceased, because he couldn’t find Mr Conlon’s employer Bernard Maguire and had been informed the matter was urgent, he said.

The former garda was today asked to explain in detail how he obtained the first of the forged certificates.

“This is a landmark event in your life for the first time you were approaching another member of An Garda Siochana and inviting him to join you in a dishonest transaction,” The chairman, Judge Frederick Morris said.

Mr Nicholson said: “I told him that Mr Conlon was on to me and that Detective Sergeant John White had told him to contact me and that he refused to get a receipt from Mr Maguire, and that I had spoken to Sgt White and that Sgt White had expressed a great urgency that this man wouldn’t be lost and that he needed a receipt.

“I told him that I went looking for Bernard Maguire and I couldn’t find him.

“He told me he’d get me a receipt.” he said.

“I never said ’Will you get a receipt for me’, he volunteered,” Mr Nicholson told the tribunal.

Asked by the chairman if it was that easy, he replied: “that’s the way it occurred.”

“Is that normal?” Mr Justice Morris asked.

“No, certainly not, chairman,” he replied.

But he told the tribunal Garda Keogh was certainly not a special case and that he hadn’t sought him out in particular.

“I don’t recollect I went to him especially,” he said.

The chairman asked Mr Nicholson if he should report to the Oireachtas that the former garda could have gone to any colleague in Sligo station, outlined the problem and he would have got the same result.

“I don’t know that I would have, chairman,” he replied.

Mr Nicholson couldn’t give a reason why he hadn’t written the receipts himself.

After a break in the hearing, Michael Durack, SC for the Garda Commissioner, said Mr Nicholson had suggested by implication that any member of Sligo garda station would have forged the documents, and that he had maligned present and past members of the Garda by his allegation.

“I didn’t think I said that but if I did, I withdraw it,” Mr Nicholson said.