A Garda informer alleged that two gardaí killed cattle dealer Richie Barron in Donegal in October 1996, the Morris tribunal heard today.
The two gardaí were not named. The allegation was contained in a report into Garda conduct in Co Donegal carried out by the Assistant Commissioner Mr Kevin Carty.
It was quoted from by counsel for the tribunal Mr Peter Charleton, SC, this morning and contained an allegation by Ms Adrienne McGlinchey who said she was told by Det Garda Noel McMahon that two gardai killed Mr Barron. Det Garda McMahon has denied the allegation.
Quoting from the Carty report, Mr Charleton told the tribunal: "Despite the intensity of the investigation a number of matters remain unresolved. Two gardaí have continued to refuse to give . . . account 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," he said.
In his opening statement to the tribunal Mr Charleton said Ms McGlinchy was the purported Garda informant who allegedly conspired with two other gardaí to "plant" substances, materials and ammunition.
The two gardaí, Det Noel McMahon and Supt Kevin Lennon, would then report the location of the items "with a view to enhancing their respective reputations and promotions prospects", the tribunal heard.
Mr Charleton said that both Supt Lennon and Det McMahon denied all allegations made against them. He said the two gardai had failed as yet to give an account of their full movements on the night that Mr Barron was killed based on legal advice or some interpretation of legal advice.
He said the two purported informers one of whom is Ms McGlinchy, have made multiple statements, the net effect of which is that it is implicit that they have fully co-operated.
Mr Charleton said the tribunal was anxious to represent both sides of the story and that everyone against whom an allegation has been has have been spoken to.
His statement gives a detailed outline for the rest of the tribunal, highlighting the particular allegations that will be examined in depth. Opening statements are expected to last six days.
Among the allegations to be considered by the tribunal, chaired by former president of the High Court Mr Justice Frederick Morris, will be claims that members of the McBrearty family were framed by gardaí in relation to the death of Mr Barron.
The family also alleges that Mr Frank McBrearty Jr was falsely prosecuted over an assault, and that attempts by his father, Frank Snr, to have several complaints of harassment investigated were not dealt with adequately by the Garda.
However, the McBrearty family, whose alleged persecution by some local gardaí initiated the inquiry, will not be represented.
This morning Mr McBrearty Jr told RTÉ his family had turned down legal representation on two grounds: that they could not afford to pay for their legal team over the estimated two-year span of the tribunal and because they claim the tribunal's terms of reference are too narrow.
Mr McBrearty Jr also said his family had no faith in the tribunal because it had appointed an ex-garda to be one of the main investigators in the tribunal. "Gardaí investigating gardaí. It can't happen. They are investigating themselves. There is something wrong somewhere," he said.
Among other allegations the Garda face are claims they made hoax and extortion telephone calls to other people, and that they made fake finds of explosives and bomb-making equipment they planted themselves.
Matters will be complicated because there are 36 cases in relation to the allegations going through the courts.
Mr Justice Frederick Morris, chairman of the tribunal, warned the public against taking "as fact" allegations made against gardai in Co Donegal. He said the good names of citizens should remain intact until proven otherwise.
