A garda informer claimed that gardaí had asked him to "stitch up" publican Mr Frank McBrearty for the murder of Mr Richie Barron, the Morris tribunal heard yesterday. Mr Paul "Gazza" Gallagher claimed in 1999 that two gardaí had asked him about his activities and told him that Mr McBrearty was accusing him of killing Mr Barron.
Mr Gallagher had been seen driving dangerously around Raphoe on the night Mr Barron was killed and had stolen a billhook and a chainsaw. Mr Peter Charleton SC, for the tribunal, said Mr Gallagher had been told that Mr McBrearty had made a statement, implicating him in the murder.
"Paul 'Gazza' Gallagher claims that the gardaí gave the impression that they knew who killed Richard Barron and that they told him to get his story right, but that they didn't care how he did it, but 'to stitch Frankie up'," Mr Charleton told the inquiry. Mr Gallagher was arrested in connection with stolen property and questioned about the stealing and burning of cars on Friday, October 18th.
During interviews with gardaí, he said Mr McBrearty had told him to burn the car he was driving.
He later contacted a garda in an effort to get out on bail from Mountjoy prison.
He said he had found a billhook in the car and implied that Mr McBrearty had put it in the car.
Mr Gallagher also claimed that Mr McBrearty gave him £500, more than one hour before Mr Barron was killed.
This appeared to be a "a patently ridiculous allegation", Mr Charleton said and pointed out that Mr Gallagher later admitted that this was a lie. He later told the Carty investigation team that he made the allegations linking the billhook with Mr McBrearty because of the rumour that Mr McBrearty was trying to blame him for the murder.
Mr Charleton said Mr Gallagher's false evidence was used as a justification for continuing with murder inquiries. "Either Paul Gallagher was malicious in making the allegations which he later did make . . . or he was both malicious and inspired by somebody to make these allegations." It also emerged yesterday that the remains of Mr Barron are to be examined again, following a request from the Morris tribunal. Mr Charleton said the inquiry had asked the State Pathologist, Dr Harbison, to arrange another examination of the partial remains, photographs and papers involved in the case. The original autopsy on Mr Barron's body was carried out by Dr David Barry, a consultant pathologist at Letterkenny General Hospital.
He found the death was due to "head injuries". Had he been told of any suspicions of murder, he would have referred the case to the State Pathologist, he said.
After the post-mortem examination, a Garda investigation was launched.
Mr Barron's body was exhumed on July 6th, 2001 and examined by Dr Harbison who found that the main impact to Mr Barron's skull was from a moving object "most likely a motor vehicle".
Dr Marie Cassidy, deputy State Pathologist, also examined the relevant materials and remains the following year and found that the head wounds indicated the movement of the head over a rough surface, such as a road. A report is also expected from a forensic pathologist, Prof Helen Whitwell, from the UK.
Yesterday, Mr Charleton questioned why a forensic pathologist was not introduced earlier and said accounts of the scene and injuries sustained by Mr Barron raised "even stronger reasons than usual why proper post-mortem photographs should be taken".
"One also wonders, in the light of these stated suspicions, why Dr Harbison [the State Pathologist] was not called in from Dublin," he said.
The inquiry heard yesterday that, in the space of 13 days in December, 1999, gardaí arrested 12 people in connection with Mr Barron's death, many of whom were members of the extended McBrearty family. They included Mr Frank McBrearty snr and jnr, Mr Mark McConnell and his wife Róisín.
The reading of the 531-page opening statement continues at Donegal courthouse today.
