A Co Donegal garda said yesterday that if allegations of a set-up by gardaí to frame the McBreartys were true, he had been used as a pawn.
Garda Shaun Barrett denied he was part of the alleged set-up when he took part in a raid on a nightclub in Raphoe owned by the McBrearty family, in which there was after-hours drinking on August 31st, 1997.
The tribunal is looking into an allegation made by Bernard Conlon that he was asked by Det Sgt John White if he was willing to be caught on the premises after hours and become a State witness against Frank McBrearty snr.
Yesterday tribunal counsel Anthony Barr said the genesis of the silver bullet affair went back to that night. Mr Conlon alleged that in July 1998 Mark McConnell, a nephew of Mr McBrearty, and Michael Peoples threatened him with a silver bullet if he gave evidence. The two men were arrested and detained but never charged.
Mr Conlon later admitted he made a false statement.
Yesterday Garda Barrett denied he was part of a set-up raid on the McBrearty premises, "Frankie's Nightclub", which he went to with Garda Noel Keavney. He was asked if he believed he in turn had been set up.
Garda Barrett said: "I am not happy with what has happened. I'm aware of the allegations that have been made and if the allegations transpire to be true, then we were used as pawns and I'm very, very annoyed about it."
He said he had no idea Mr Conlon or anybody else would be on the premises. "To think that I was part of that sickens me."
Mr Conlon was at the bar with fresh pints in front of him. Asked if it was the first time that a person found on the premises after hours volunteered to make a statement, Garda Barrett said it was in his experience.
Mr Barr asked why Garda Barrett had only recalled this month that Garda John O'Dowd asked them to take a look at the premises. Garda Barrett said he was shocked over these alleged goings-on. It had wrecked his head the way they came to be on the premises. Then the penny dropped. Mr Barr asked why the penny had not dropped during internal Garda investigations and court cases.
"Noel said to me 'I vaguely remember John O'Dowd saying to us will you have a look at it' and I have the same recollection. That didn't appear to me at the time significant," he said.