A retired senior garda has said an allegation that he was seen listening to taped recordings of confidential conversations between suspects and their solicitors in Letterkenny Garda station during the investigation into the death of cattle-dealer Richie Barron was "ridiculous".
Former sergeant John White has alleged that privileged conversations were covertly recorded during the investigation into the death of the hit-and-run victim on the day eight people were arrested, including cousins Frank McBrearty jnr and Mark McConnell. He alleged that he saw John McGinley, a retired superintendent, listening to some of the tapes on the day of the arrests.
"That's ridiculous, Chairman. It just didn't happen," Mr McGinley told the tribunal.
Mr McGinley said that Sgt Joe Costelloe, an electronics specialist from Garda Headquarters, was brought to Donegal by Supt Joe Shelly, another officer who worked on the investigation.
Sgt Costelloe was to video or photograph alleged intimidation by Frank McBrearty snr in case he approached any witnesses after his release from custody.
But Mr McBrearty snr was admitted to hospital shortly after his arrest, and was not fully questioned by gardaí, so the plan was abandoned - and Sgt Costelloe returned to Dublin. Mr McGinley said it was "a ridiculous proposition" that gardaí would listen in on conversations between solicitors and clients.
"Apart from the legality and morality and the ethics of it, all I ever heard a solicitor advise a client was to say nothing," he said. "I cannot see what anybody would hope to gain by doing it."
Mr McGinley said Mr White had forgotten by the time he made his allegations in 2001 that in December 1996 the detective-inspector's office in Letterkenny was used as an interview room, so he could not have been there listening to a recording.