Retired Garda denies assaulting murder suspect

A retired senior garda today denied intimidating and assaulting a murder suspect in Donegal.

Former Detective Sergeant Jim Leheny told the Morris Tribunal Mark McConnell was treated with respect and dignity throughout his custody in Letterkenny Garda Station.

The officer maintained that no other member of An Garda Síochana ever shouted at the prisoner during his 12-hour detention during the botched death probe.

He claims that during an interview he was pushed by Mr Leheny and retired Detective Garda Michael O'Malley.

He also alleges Mr O'Malley roared, shouted and swore during questioning, and that notes from the interview were later fabricated, claiming gardai were too busy abusing him for notes to be taken.

In a subsequent interview on the same day, Mr McConnell maintains gardaí threatened to put his child in care and that he was shown a false confession and graphic autopsy photographs.

"None of what's alleged took place," said Mr Leheny. "There were no photographs produced to Mark McConnell at any time that day."

Gardaí believed Mr McConnell and his cousin Mr McBrearty Jnr had killed Mr Barron, a local cattle dealer. It was later ruled Mr Barron was the victim of a hit-and-run. No-one has ever been charged in relation to his death.

Mr Leheny admitted notes from his second interview with Mr McConnell had vanished, but denied any knowledge of what happened to them insisting he handed them in to the incident room.

He told the hearing that at the time he wasn't concerned about their disappearance as they had no importance.

"The notes were the very same," he said. "Just worded differently."

Paul McDermot, senior counsel for the tribunal, said: "The fundamental proposition that applies to garda notes of interviews is not whether you believe they are of value or not of value, it's a question of whether the prosecution authority ultimately believes them of value.

"And before the prosecution authority, it's a question of whether your superiors view them of value, of whether they might make a contribution to, for example, the decision to arrest Mr McConnell on 25 June 1997. His second arrest, re-arrest, to further interrogate him in relation with the matter."

Mr Leheny replied that what was said during the arrest was of no value at all for the prosecution.

"But they didn't know because your notes weren't there," said Mr McDermott.

"I put in the notes," replied Mr Leheny. "I handed them in to the incident room, there's nothing more I can do about it.

"If I didn't put in the notes I'd say I didn't put in the notes."

During his second arrest in June 1997, Mr McConnell claimed gardaí tried to get him to make a false statement blaming his co-accused for the killing.

His was wrongfully arrested a third time in October 1998 in relation to a firearms offence, when he alleges a gun was produced during an interview and his injured leg was pushed from a chair.

The gardaí, who he has identified by name during the tribunal, deny the allegations.

The Morris Tribunal, which is investigating garda corruption in Donegal, is currently hearing claims some 12 people - many related to the McBrearty family - were interrogated, intimidated and abused during the botched death probe.

Mr Leheny said Mr McConnell was a model prisoner who was treated with respect and who treated gardai with respect.

The former sergeant was also quizzed over allegations by a garda that she witnessed retired Inspector John McGinley practice the signature of Frank McBrearty Junior in the incident while he was under arrest.

Garda Tina Fowley made that statement to the team headed by Assistant Commissioner Kevin Carty sent to Donegal to investigate the allegations of garda wrongdoing.

Insp McGinley is accused of showing Mr McConnell a false confession signed by Mr McBrearty.

Mr McConnell described the confession as being four or fives pages long and different from the disputed confession handed to the tribunal which Mr McBrearty denies ever signing.

Mr Leheny said he had heard the allegation through the grapevine, but could not comment on if it was the truth or lies.

He stressed Gda Foley was very trustworthy and an honourable member of the gardaí, adding Insp McGinley was also an honourable man.

"For a member of that rank, putting your career on the line for the sake of solving a crime wouldn't be worth it," he said. "I don't see what purpose he is going to achieve by doing such an act.

"Maybe he done it, I don't know. I cannot say it didn't happen, I cannot say who's right and who's wrong."

"Doesn't that make it all the more shocking as an allegation that it comes from a perfectly respectable member of An Garda Síochana as far as you're concerned, who would have no axe to grind in terms of making such an allegation against a senior officer, who has a lead role in the operation of this investigation," asked Mr McDermott.

"When I was based in Letterkenny, Garda Fowley had a great relationship with all the Detective Branch members," Mr Leheny added.

"I cannot see her being vindictive or doing it for badness or anything. To me, it wouldn't be the Tina Fowley I know."