A garda said he thought it was odd when a member of the crime unit in Sligo took a statement from Bernard Conlon about being found after-hours drinking, which was a minor matter.
The statement in September 1997 was taken by Garda John Nicholson from Mr Conlon after he was found late-night drinking at Frankie's Nightclub, owned by the McBreartys in Raphoe.
Mr Conlon has alleged he was told by Det Sgt John White to be "found" on the premises after hours drinking and be a State witness to set up the McBreartys.
Garda Nicholson, now retired, has said he gave a message from Sgt White to Mr Conlon on August 29th, 1997, for him to go up to Raphoe the following night which was the night the club was raided. Sgt White has denied all allegations against him.
Yesterday, Garda Eamonn Gallagher, a trainee at the time, was with Garda Nicholson in the crime unit. A phone call came to the office and Garda Nicholson answered. He told him there was a man coming in to make a statement about after-hours drinking.
"Its very unusual for a member of the crime office to take a statement about after-hours drinking," he said. "You wouldn't call the crime unit for a minor statement. You would expect him to get annoyed but he never did. I expected him to make a fuss so I took it for granted he knew he was coming."
Garda Gallagher said it did strike him as odd that Mr Conlon was coming to Sligo and not Raphoe or Letterkenny to make the statement.
"I took it he [ Conlon] was there at the request of someone after being found on the premises. I couldn't understand why he voluntarily came in as he could be prosecuted for it. It wasn't to his advantage to come in and make a voluntary statement," he said.
Tom Murphy, solicitor for Mr Nicholson, said his client was in the day-room when he met Insp Bernard Lyden who told him to take Mr Conlon's statement. Mr Nicholson said he knew nothing about Mr Conlon coming in.