The Morris tribunal: A Donegal garda told the Morris tribunal yesterday that he did not trust half of Garda management in the Donegal division.
Garda Martin Leonard acted as GRA representative for Det Garda Noel McMahon during the Carty inquiry into Garda corruption in Donegal. He said an investigation into the death of Richie Barron in October 1996 was moved from Raphoe to Buncrana and was taken over by "peripheral matters".
"It was obvious that they were looking for the lower rank and file members to take the rap," Garda Leonard said. There was a feeling that there was a lack of fairness and transparency.
Mr Peter Charleton SC, for the tribunal asked, if it was true that Garda Leonard did not trust Garda management. "I can't deny that . . . I don't deny that," Garda Leonard replied. He said he did not mistrust all Garda management just "some of them". He did not trust three out of six or seven management figures in the Donegal division, he said. Garda Leonard later said the word "trust" may not be the right word to use. He was just anxious that members' rights were protected.
Garda Leonard rejected claims that he had told gardaí to not co-operate with the Carty inquiry. He said gardaí were entitled to have their rights protected just like everybody else. If a garda's response was going to incriminate him in a criminal act, then he had the right to think about the response for 24 hours and to contact a solicitor if necessary.
Mr Charleton referred to an occasion when Garda Leonard accompanied Det Garda McMahon to an interview with the Carty team in Sligo Garda station on July 11th, 1999. Garda Leonard asked if there was any electronic recording equipment in the interview room and said he was opposed to the recording of the interview.
He advised Det Garda McMahon of his rights and asked under what procedure was the interview taking place.
Garda Leonard said the Carty inquiry did not seem to be following any procedures laid down for investigations. He said he wanted to know if the allegations being made were of a criminal or disciplinary nature but the inquiry team would not tell him. "We were into unknown territory," Garda Leonard said. "I was there to ensure that he got his rights." Should gardaí not be expected to answer questions from their superiors, as other employees do, Mr Charleton asked. "Is this a police force or is it an elaborate industrial relations exercise?"
Garda Leonard said he wanted to get the truth and was one of the gardaí who "broke ranks and called for the tribunal". He said he was more confident that gardaí would get "fairness and due process" under the tribunal than an internal investigation.
Asked if the operation of the gardaí in Donegal had been in "total chaos" during the period under investigation, Garda Leonard said many irregularities had emerged "of which I am very ashamed".
