THE MORRIS tribunal has upheld serious allegations of wrongdoing by gardaí in Co Donegal in their investigation of the death of Richie Barron in 1996.
In its latest report, the tribunal found that several people arrested in connection with the death were mistreated in Garda custody. Many were unlawfully arrested, it concluded.
"The deficiencies observed by the tribunal in the manner in which An Garda Síochána acted in these matters, by their nature, are not peculiar to Donegal," the report added.
The Garda Commissioner apologised to the Quinn and McBrearty families and other people harmed by the actions of certain gardaí.
This was in line with a recommendation of the report, which was published yesterday by Department of Justice, which received the document two weeks ago.
The tribunal said: "This report is concerned with the potential for catastrophic injustice that arises when laws are flouted, protections are abandoned and lies told by some gardaí in pursuit of those whom they regard as guilty.
"That unhealthy focus or tunnel vision in the course of the Barron investigation led to manufactured evidence, wrongful arrests and completely improper behaviour by gardaí towards prisoners in their custody. It cheapened the presumption of innocence and undermined the truthful resolution of a very tragic case.
"It dominated the lives and struck at the reputations of two families: the extended Quinn family and the McBrearty family. It did serious damage to the reputation of An Garda Síochána, and its integrity and professionalism."
The tribunal examined best practice internationally in interviewing suspects, and set out the relevant law in relation to confessions. It recommended the PEACE model of interviewing witnesses and suspects, used in the UK, be adopted by the Garda. It also recommended that a national committee made up of representatives of the Garda, the Offices of the Attorney General and the Director of Public Prosecutions, the Human Rights Commission, civil liberties groups and legal practitioners be set up to consider the issues raised relating to interviewing witnesses and suspects.
Garda Representative Association president Michael O'Boyce called the report "an appalling indictment of some of our members", but said the culture in the force was changing.
Fine Gael MEP Jim Higgins, who, with Labour TD Brendan Howlin, raised the issue in the Dáil initially, commended the tribunal. "What is particularly startling is the conclusion that the events in Donegal could easily happen again," he said.
Labour's justice spokesman Pat Rabbitte deplored the release of the report on the day the new Government was formed. "The issues probed by Morris are fundamental to our democracy and central to the public interest," he said. "The conclusion of today's report could scarcely be more serious."
Morris tribunal report, pages 12-13