The office of the Director of Public Prosecutions was told in 1997 that the Garda district superintendent in Letterkenny was unhappy with an alleged confession to murder obtained by detectives investigating the death of Raphoe cattle-dealer Richie Barron.
Former superintendent Kevin Lennon met Niall Lombard from the DPP's office on October 6th, 1997, some weeks after a key witness in the case admitted he was not in Raphoe the night Mr Barron died.
Mr Lombard recorded what Mr Lennon told him of "the background on this strange case", including his concerns about an alleged confession signed by Frank McBrearty jnr.
"Supt Lennon is not at all happy with the statement," the official wrote.
Mr McBrearty has always denied signing a statement while he was under arrest, and Mr Lennon earlier this week said the Donegal publican was "duped".
Mr Lennon said he applied for an exhumation in early October 1997, but was ordered to cancel it by then chief superintendent Denis Fitzpatrick. "I think he cancelled it because he knew the investigation was gone sideways," Mr Lennon said. "If it was a hit-and-run, then everything was in a total heap."
Mr Lennon said that if Mr Barron died in a hit-and-run, gardaí would be faced with a situation where they had a confession to a murder that never happened, 12 people arrested for murder and accessory to a murder that never happened, and almost a year of Garda time wasted.
The ex-superintendent said an exhumation could not legally be cancelled once ordered, so he asked only that it be put "on hold".
Mr Barron's remains were eventually exhumed in July 2001. Forensic pathologists have told the tribunal they believe Mr Barron died as a result of a car accident.