A Donegal garda has told the Morris tribunal that he saw a piece of human skin at the scene where Raphoe cattle dealer Mr Richie Barron was killed, yet failed to ensure the scene was preserved for further examination. The skin later disappeared.
Garda James McDwyer said there was a mass of blood, about two feet in circumference, lying three feet from the side of the road and that, examining the area, he found a piece of flesh about five feet away from it.
"I wasn't sure what it was," he said. "I touched it with my pen. I saw there was hair on it, so I knew it was skin."
The garda said he did not touch anything as that was a job for the crime scene examiner. When he got a message over the radio that Mr Barron had died, "I said lads, we better preserve the scene, or words to that effect. Garda Birney said there was no need, it's just a road traffic accident." Garda John Birney was the senior member, he added.
"It was a mistake, I believe now. I should have had the strength to take on the responsibility, but I didn't. I am 100 per cent clear in my mind that it was there, and I brought it to the attention of Garda Birney."
The garda was also asked about a meeting with Supt James Gallagher a month ago, where he disclosed that he had felt intimidated and threatened by Garda John O'Dowd, who visited his house.
"I consider that to be a private meeting," Garda McDwyer said. He said there was a disagreement with Garda O'Dowd over who had arrived at the scene of Mr Barron's death first. He said he did not feel intimidated or threatened. Mr Paul McDermott SC said the tribunal might return to the matter later.
Earlier, Det Garda Thomas Kilcoyne said Supt Kevin Lennon had a perception detectives in Letterkenny were "out to get him" by linking him to the man who had instigated false statements about the death of Mr Barron.