Worker accessed top garda's phone records, Tribunal told

An eircom employee helped a private detective access the home phone records of a senior Donegal garda officer, the Morris Tribunal heard today.

Shamed ex-Superintendent Kevin Lennon branded as outrageous allegations levied against him by Raphoe publican Frank McBrearty Senior in August 1998 that he threatened to harm the latter’s investigator Billy Flynn.

But the former top garda claimed the private detective had harassed his family when Mr Flynn accessed the officer’s home phone records with the help of an Eircom worker.

“If that is not harassment and a breach of the criminal law I think he should forget about harassment on his behalf,” he said.

Mr Flynn’s barrister Colm McCarvill put it to the ex-officer that he threatened Mr Flynn when he told the McBreartys the investigator “would not be around” for their High Court challenge against the state.

It was being taken over Mr McBrearty Snr’s December 1996 wrongful arrest for witness intimidation in a murder case.

Mr Lennon, who was sacked after it was revealed he had set up hoax IRA arms dumps to further his career, said he meant Mr Flynn would no longer be employed by the McBreartys when the case opened.

“There was no threat, there is no threat and there was never intended to be a threat,” he said.

“If Mr Flynn or Mr McBrearty honestly think in their heart that that I was threatening to kill somebody, that is outrageous and ridiculous to suggest.”

The tribunal is investigating claims gardai waged a campaign of harassment against the McBreartys, their extended family, business and staff over the October 1996 killing of Raphoe cattle dealer Richie Barron.

Frank McBrearty Junior and his cousin Mark McConnell were wrongly suspected of the death, and various other members of the family were also wrongly arrested.

It was later ruled an unsolved hit-and-run and the family were cleared of any wrong-doing.

The tribunal will sit in private session this afternoon.

Public proceedings will resume on Monday.