By Gerard Cunningham
Special to The Irish American Post

After two years and two interim reports, the Morris tribunal into garda 
corruption continues to examine allegations of corruption by Donegal Gardaí. In its latest module however, the inquiry had spread its wings to examine Garda conduct in Co. Sligo, as it looks in the so-called "Silver Bullet Affair."

The allegations under the microscope centre on false claims by Bernard Conlon (48) that members of the extended McBrearty family threatened him and Det. Sgt. John White in the summer of 1998. Conlon was a witness in a late drinking case against the family, falsely accused of murdering Raphoe cattle dealer Richie Barron, who died in a hit and run in October, 1996. Conlon later withdrew his claims, blaming Det. Sgt White, and in March, 2002 was convicted of making false statements and received a three-year suspended sentence.

The saga began when Conlon was refused a free meal in Frankie's nightclub in 1997. At the time, a "substantial meal" was a condition of a late night extension to a liquor licence. Conlon complained to Sgt John White, and claims that as a result he arranged to be "found on" drinking after hours in the north Donegal nightspot a few weekends later. He claims that White then gave him cash after he went to Sligo garda station and made a statement about the incident. White denies the charges.

Conlon made several trips to Donegal to give evidence in the District 
Courts in the months that followed, and received expenses from a Donegal garda account for lost income. These expenses were handed out because Sligo guards supplied certificates of lost earnings for Conlon. However, Conlon was unemployed at the time, and the certificates of lost earnings were forgeries. In 2002, Garda John Nicholson pleaded guilty to uttering forged documents in relation to the affair, and received the Probation Act. He has since retired.

The caper took a more sinister turn on July 21, 1998, when Conlon made a false statement to two Sligo guards claiming he was visited just before midnight on July 20 by two men who called him "informer Conlon" and showed him a bullet, threatening him and White if he showed up in court to give evidence again. According to the statement, Conlon was shown "a silver colored bullet," but he says he never added this detail.

Conlon withdrew his statement in February, 2000, when he was questioned by the Carty team, the investigators led by assistant commissioner Kevin Carty who were investigating the McBreartys complaints. He told them he'd made up the story, and blamed White.

By that time, Conlon had identified Mark McConnell, a cousin of the 
McBreartys, and another man, Michael Peoples, as the two men who threatened him. Both were later arrested and held for two days forquestioning under the Offenses Against the State Act as a result.

Conlon told the tribunal he was "under pressure" from White to make false statements, first that he was threatened, and then identifying the two men as the supposed culprits. "I feel very sorry about what I've done. I've led the guards in Sligo fools as well as myself," he said.

"I've paid the penalty," he added, a reference to his conviction and six month suspended sentence as a result of charges brought against him because of the affair. Conlon also has a string of previous convictions, including a five-year sentence - of which he served three years - for acting as look-out on a break-in.

Meanwhile, Nicholson has told the tribunal that when he was told the state witness was looking for expenses, he tried to reach Conlon's landlord. Nicholson said he believed Conlon was working as a caretaker for his landlord, and spoke to another garda, John Keogh when he couldn't locate the employer. Keogh later provided him with "a receipt," he said. Keogh is now deceased, and his widow has applied for and received legal representation at the tribunal to defend her late husband's good name.

Another Sligo garda, Inspector Gerry Connolly, also told the tribunal he submitted an inaccurate claim for expenses on behalf of Conlon. The Inspector, who was a sergeant at the time, said he forwarded a "receipt" he got from Det Michael Reynolds supplied him with a "receipt" for lost earnings for Mr Conlon. Det Reynolds told the tribunal the note was left on his desk in an envelope, and he assumed Conlon had dropped it in to the station.

Connolly also put in a claim for bus fares from Sligo to Letterkenny for Conlon, although Conlon travelled to and from Donegal in a garda car. The claim also covered two days of lost wages, although Conlon only spent one day in Donegal. "He was in our company from 8 a.m. until 2 a.m.," Connolly told the tribunal. "I felt he was entitled to two days."
 
 

Gerard Cunningham is a freelance journalist from Donegal. He has covered the Morris tribunal since it first began hearing evidence in March, 2003, for the Irish Times, RTE, and regional and national outlets in Ireland. He can be reached at abardubh@eircom.net