BARR TRIBUNAL: The garda responsible for allowing Mr John Carthy to be remanded in custody on a charge of suspected arson has admitted he was not aware of "the full facts" surrounding Mr Carthy's arrest.
Garda Frank Bohan was in charge of Granard Garda station on the night Mr Carthy was arrested by Garda Turlough Bruen, on suspicion of burning a €2,000 fibreglass goat, the mascot of the Abbeylara football team.
Mr Carthy later claimed he was the victim of assault during his three hours in custody in September 1998.
Garda Bohan told the Barr Tribunal that he was aware that Garda Bruen had called to Mr Carthy's house in relation to the burning. However, he said he did not know why Mr Carthy was suspected of involvement at the time he sanctioned his being remanded in custody.
"I wasn't made aware of the full facts by Garda Bruen," he said
On completing the custody record, Garda Bohan said he was told by the arresting officer, Garda Bruen, that another garda, David Martin, had given him "reliable and confidential information" that Mr Carthy was involved in burning the mascot.
"Garda Bruen told me William Crawford from Abbeylara told Garda Martin that John Carthy burned the mascot."
Garda Bohan considered this was "reasonable grounds to detain John Carthy," he said.
When asked by counsel for the tribunal, Mr Michael MacGrath, on what basis Mr Crawford had made this allegation, Garda Bohan said: "Garda Bruen didn't tell me. I didn't ask."
"I knew Willie Crawford personally. He was regarded by me as a reliable person and I knew Dave Martin believed what Willie Crawford had told him."
The chairman of the tribunal, Mr Justice Barr, put it to Garda Bohan that he was relying on second or third-hand information.
"You were the officer in charge and Garda Bruen did not bring you into his confidence about what was going on? Were you not becoming somewhat alarmed as to the validity of the custody?"
Garda Bohan said he was not alarmed, and added that he did not think he should have been.
Mr Carthy was "agitated and denied any involvement in burning the mascot," Garda Bohan said.
As the garda in charge of the station Garda Bohan conceded that he was responsible for Mr Carthy's welfare.
He said on a number of occasions, as much as once every 15 minutes, he entered the interview room and asked Mr Carthy if he was "OK". He said that Mr Carthy never complained to him that he had been mistreated and Garda Bohan saw no evidence that any abuse had occurred.
At one stage during his three hours' detention Mr Carthy was placed in a cell to allow Garda Bruen to "check out" aspects of the arson allegation.
Garda Bohan said he removed Mr Carthy's belt and shoelaces on placing him in the cell. This, he said, was standard practice.
Mr Justice Barr suggested that he did this "as a means of humiliation".
Garda Bohan denied this.
A chemist responsible for testing samples of Mr Carthy's blood taken at the post-mortem told the tribunal that the blood had contained a high level of an antidepressant drug at the time he was shot.
Ms Siobhan Stokes, a chemist with the toxicology section of the State Laboratory, said the samples of Mr Carthy's blood contained levels of the antidepressant pothiepin that appeared to be "at the higher end of the therapeutic range".
The blood had been tested for a number of other drugs including barbiturates and paracetamol and had been found clear.
A level of alcohol was present, but was considered "moderate".
An accountant, Mr Billy Riordan, who took part in the evaluation of the bids for the State's second mobile phone licence, gave evidence to the Moriarty Tribunal yesterday, writes Colm Keena. His evidence resumes today.
