Morris: False death threat witness 'seemed traumatised'

A witness who falsely alleged he had received a death threat with a silver bullet seemed genuinely traumatised when he reported the incident, a Sligo garda inspector said today.

Gerard Connolly told the Morris Tribunal into garda corruption in Donegal he and Detective Garda Michael Reynolds went to Bernard Conlon’s house in the early hours of July 21, 1998, an hour after the alleged incident.

Mr Conlon claimed he had been threatened with a silver bullet by two men who wanted him to withdraw evidence he had given against Frank McBrearty senior in a licensing prosecution.

The witness also said a Letterkenny garda, Detective Sergeant John White was threatened during the men’s visit.

Mr Conlon, who was eventually prosecuted for making false statements, later went on to identify the alleged offenders as Mark McConnell and Michael Peoples, two members of the extended McBrearty family.

When the two gardai came to Mr Conlon’s house, they found him very excited, agitated and distressed, Inspector Connolly said.

“He was short of breath, he was excited, he genuinely looked like a person who was very traumatised, and I completely believed him at the time.

“I was experienced in relation to victims, all types of victims and Mr Conlon completely convinced me at the time.”

Mr Conlon made a statement the next day to Det Garda Reynolds at Sligo Garda station, which Inspector Connolly today described as very helpful.

“There was a very detailed description of the alleged assailants, right down to the runners and shoes they were wearing,” he said.

After Mr Conlon’s statement was taken, Inspector Connolly said he rang Superintendent Kevin Lennon in Letterkenny to tell him about the incident and that Supt Lennon had suggested one of the men described might be Mark McConnell.

In a subsequent telephone conversation with Det Sgt White, the Letterkenny garda said the man described by Mr Conlon could be Mark McConnell, Inspector Connolly told the tribunal.

Inspector Connolly said he told the detective sergeant he would be anxious to arrange an informal identification of Mark McConnell in a public place.

Asked by Anthony Barr, counsel for the tribunal, if he was aware of the significance of the man being Mark McConnell, who is Frank McBrearty’s nephew who was wrongly arrested over the death of Raphoe cattle dealer Richie Barron, Inspector Connolly said he was aware.

It took more than two months to arrange an informal identification which occurred on October 1, 1998, outside the courthouse in Letterkenny where Mark McConnell was due to be giving evidence as a witness.

Inspector Connolly said he had driven Mr Conlon up to Letterkenny for the informal identification but admitted he had put through a false claim for a bus trip for the witness.

Asked why he had done so, he said: “It was probably to keep him right for us for both the identification parades and the subsequent court case, if any.”

The inspector was later disciplined for his actions.

Outside the courthouse, Mr Conlon made a positive identification of Mark McConnell, Inspector Connolly told the tribunal.

“He got very excited, he was pointing ’that’s him, that’s him’, he got very excited at that time.”

Inspector Connolly said he had told Mr Conlon to stay away from Mr McConnell while he approached him and cautioned him, but that a crowd had gathered round the incident and he had seen Mr Conlon right behind him.

He told the tribunal he thought it was an odd thing for a man who had been threatened with his life to do.