DET GARDA John Fahy of Glaslough, Co Monaghan, and Det Garda Liam Donnelly of Cavan town gave evidence in the 2001 trial of Colm Murphy.
They were later charged with perjury, forgery and using a forged document in relation to the interview notes at the centre of Murphy’s acquittal yesterday.
The two gardaí pleaded not guilty and were acquitted in the Circuit Criminal Court in October 2006. Judge Desmond Hogan directed the jury to acquit the detectives following his ruling that the allegedly forged interview notes and technical analysis were inadmissible.
The judge’s ruling came on day six of the trial following three days of legal argument. He found the prosecution was unable to establish a chain of custody in relation to the original interview notes or of the later “electrostatic document analysis” of them.
Prosecuting counsel told the jury in the detectives’ trial that Mr Murphy was arrested in February 1999 in connection with the bombing, and was systematically interviewed by teams of gardaí.
He said Mr Murphy was interviewed by the two accused men for two hours. Det Garda Donnelly made notes and Det Garda Fahy primarily asked questions.
Mr Donnelly has since died and Det Garda Fahy is still serving in the force.
The Irish Times understands the Garda Ombudsman Commission is to review Mr Murphy’s acquittal yesterday, along with the ruling of the court that the falsified Garda interview notes tainted the prosecution.
Given that both of the investigating gardaí have already been the subject of a prosecution and were acquitted, and because one of them is deceased, it is unclear whether the Garda Ombudsman Commission would see merit in conducting its own investigation.
However, while the commission normally investigates complaints made by the public against gardaí, it also has the power to open an inquiry into any issue, including historical events, if it believes the public interest would be served by such an investigation.
A brief statement issued by Garda Headquarters last night said it would not be appropriate for the Garda to comment on the decision of the Special Criminal Court.
“However, our resolve and determination to combat the activities of dissident republicans is as strong as ever,” the statement added.