Shortcomings in Garda whistleblower regulations introduced in April should be reviewed by the Morris tribunal and recommendations made for their improvement, the tribunal was urged.
The submission was made during closing remarks by barrister Richard Humphries at the end of the module examining claims that conversations between prisoners and visitors in Letterkenny Garda station were secretly recorded. Mr Humphries represents Garda Tina Fowley, who said she was present when senior officers discussed obtaining technical support from Garda HQ to see if any information could be "gleaned" for the investigation into the death of Richie Barron.
Mr Humphries said that the regulations had never been scrutinised by the Oireachtas and were not yet fully operational.
Complaints from whistleblowers were investigated by the Garda Commissioner and not the Garda Ombudsman Commission, he said, raising the issue of "guards investigating guards" instead of an independent investigation.
Mr Humphries also said that the tribunal should make recommendations on the circumstances in which covert surveillance was legitimate so that ordinary members of the force such as his client were not left in the position of having to follow dubious orders.
On behalf of retired Det Garda John Dooley, Mr Humphries said that he had no reason to back up former Det Sgt John White's evidence unless it was true, since the former detective sergeant had accused him of perjury when Mr Dooley came forward and said he and Mr White had mistreated two women in Garda custody.
Earlier, Kathleen Sweeney said that she was asked as "a favour" by Raphoe publican Frank McBrearty snr to say she typed a letter for him in 2000 to his solicitor outlining serious allegations against senior gardaí. Ms Sweeney worked part-time for the publican in the summers of 1999 and 2000 while at university. She is studying to become a solicitor.
She told the tribunal that in March Mr McBrearty called to her home and showed her a document and told her "it would be a favour to me if you did type it".
"To be honest I was extremely tired, I was just after two weeks of solid exams and I was like, right, whatever, here you go, go away now, give me an hour's peace type of thing," she said.
The letter contained allegations similar to those in a document faxed to Fine Gael justice spokesman Jim Higgins in June 2000, which Mr McBrearty snr has said he received anonymously in the post.
A British document examiner, Dr Robert Radley, has said it is likely that former garda PJ Togher was the person who typed the anonymous allegations fax document.