Morris tribunal:A row erupted among gardaí about the detention of a man who had been arrested and interviewed.
Det Garda John Dooley said the man being detained was Bernard Shovlin, whom he knew personally. He said he would have been very surprised if Mr Shovlin had been involved in any criminal act as he was a very honest type of individual.
The tribunal is looking into allegations that a garda or gardaí assembled an explosive device and placed it on a television mast in Ardara for the purpose of arresting three local people - Hugh Diver, the late Anthony Diver and Bernard Shovlin.
There were local protests against the mast, with nails being put on the road and locks glued. The situation escalated about November 7th, 1996, with an arson attack on a container causing £50,000 worth of damage. The device was found on November 19th, 1996.
After the arson attack Supt Denis Cullinane brought in Det Sgt John White, then a sergeant, to be involved in the investigation.
Det Garda Dooley said that when Mr Shovlin was arrested at 9am the day after the device was found, he and Garda Patrick O'Donnell felt they had done a comprehensive interview. By 2pm they felt Mr Shovlin had accounted for himself well and had given honest answers.
"Based on that, I felt Bernard Shovlin should be released from custody - I didn't think there was anything further to be gained by detaining him. Garda O'Donnell was of a similar view," he said.
He said he rang Supt Cullinane and informed him of this. He told him there was an interview in progress and the superintendent directed Mr Shovlin be released after that was completed.
"A few minutes later Sgt White telephoned me at Donegal Garda station. He stated there may be matters to be clarified and Bernard Shovlin shouldn't be released at that time," he said.
Garda O'Donnell indicated he wanted to speak to Sgt White. Garda O'Donnell was annoyed.
"I could only hear what Garda O'Donnell was saying. He said to Sgt White, 'You should know well you have problems yourself' and that he should be released. I can recall Garda O'Donnell saying, 'I have a conscience, John, whatever about you'," Det Garda Dooley said.
The phone call seemed to end abruptly. Det Garda Dooley said within minutes Supt Cullinane rang back and told him on reflection Mr Shovlin should not be released until around 6.30pm.