The chairman of the Morris Tribunal has warned the public against taking "as fact" allegations made against gardaí in Co Donegal.
Opening a special hearing of the tribunal in Donegal courthouse yesterday, Mr Justice Frederick Morris said that the good names of citizens should remain intact until proven otherwise.
He was speaking on the first day of the delivery by tribunal lawyers of a preliminary opening statement, which the chairman said would take 10 days to complete.
Mr Peter Charleton SC, who read the statement on behalf of the legal team, said that the tribunal would be over "very quickly" if people told the truth. As yet, however, this had not occurred.
Indeed, he said, having read papers relevant to the inquiry, one could only conclude that "people have lied in relation to virtually every paragraph of the terms of reference".
He said: "It is equally apparent, reading the material with which we have been involved, that many people have become extraordinarily embittered as a result of events, or what they believe to be events, in Co Donegal . . . Some people feel that there are conspiracies afoot, not just one, but many of them, to damn their reputation or fix them with liability for criminal offences or, at the least, to make their lives very unpleasant.
"That situation is, from the point of view of policing in Co Donegal, a very dangerous one. With so many rumours and suspicions flying about, people of this county may imagine that the forces of law and order, as represented by An Garda Síochána, have been tainted."
Mr Charleton said that the events under examination began with the death of the Mr Richard Barron, of Raphoe, on October 14th, 1996. "One of the few uncontested facts in this entire matter is that he was an innocent victim of whatever killed him."
Mr Charleton praised the Garda inquiry into the affair, which was headed by Assistant Commissioner Kevin Carty and reported to the Director of Public Prosecutions in May 2000. "It would be difficult for any objective observer not to be impressed by the thoroughness of the Carty investigation and the diligence and commitment with which those investigations were followed through."
Quoting from the Carty report, however, he said that the contradictory versions of events contained within it illustrated the "nature and scale" of the inquiry facing the tribunal. For every allegation there existed a denial, explanation or reinterpretation, and "we are anxious to present both sides of the story," he said.
Among the allegations referred to in the Carty report was a claim by Ms Adrienne McGlinchey that she was told by Det Garda Noel McMahon that two gardaí killed Mr Barron. Det Garda McMahon has denied the allegation.
Mr Charleton quoted a section of the Carty report which said: "Despite the intensity of the investigation, a number of matters remain unresolved. Two gardaí have continued to refuse to give . . . accounts of their respective activities on the night Richard Barron was killed. This, coupled with a pronounced economy of truth from some witnesses, and a distinct untruthfulness and obstruction from others, leaves the investigation short of its overall objective, which is the establishment of the truth."
Regarding the failure of certain gardaí to give a full account of events, Mr Charleton said: "We do not believe that it is to the benefit of An Garda Síochána that people, when confronted about their duties by superior officers, are apparently allowed to remain silent . . . The law as to the right to silence does not give people a blanket opportunity to simply refuse to answer questions. If this were so, then no employment relationship could subsist successfully." He noted that the tribunal might have to request the chairman to exercise powers in this area to ensure that people answered questions.
Appealing for honesty from all parties, Mr Charleton said that in very many aspects "people have forgone the truth in favour of a fantastic and embittered view of their experiences. Undoubtedly, in some cases, this amounts to self-deceit and the telling of lies to others."
He added: "Even at this late stage, it is surely not wrong to remind people that there is nothing more ennobling of a person than that they accept their own worst selves."
Mr Charleton stressed that no matter what facts the chairman found, and no matter what recommendations he made, "membership of An Garda Síochána should always be regarded as a matter of pride". He noted that many gardaí had given their lives in the service of upholding the public peace, including Sgt Andrew Callanan, who died at Tallaght Garda station in July 1999.
Gardaí offered the highest sacrifice of themselves, he said. "It is not unreasonable, therefore, that proper and professional standards should be expected of their colleagues . . . in Co Donegal."
Earlier, Mr Charleton addressed the question of procedures, saying that the legal team would not be interviewing witnesses before hearings. He said that the chairman was entitled to "the complete, unvarnished testimony of a witness" as well as "the first view of their demeanour".
Mr Charleton's comments followed reference to correspondence received by the tribunal from a number of sources, including statements from solicitors representing unnamed clients who said they were members of the Association of Garda Sergeants and Inspectors or the Garda Representative Association.
"This correspondence indicates a stated mystification with what the tribunal is about, and a desire to know what you, Sir, are inquiring into," said Mr Charleton.
Mr Justice Morris said that the tribunal had completed the review of a vast amount of documentation. Within two to three weeks of the completion of the preliminary opening statement, the tribunal expected to serve parties copies of evidence relevant to them.
Delivery of the opening statement will continue in Donegal today.
The tribunal will each day be posting statements read before it on its website: www.morristribunal.ie
