A RETIRED Garda sergeant has claimed he has evidence of a conspiracy between members of the Garda and officials in the office of the Director of Public Prosecutions.
Retired sergeant Thomas Byrne, formerly based at Dundalk Garda station, told the Smithwick Tribunal yesterday he had a tape recording that was evidence of a conspiracy between gardaí and the DPP officials.
Mr Byrne did not elaborate but he outlined a range of petty criminal activity and activity “of a sexual nature” which he said was carried out by fellow Dundalk sergeant Leo Colton, now also retired.
Mr Byrne told Judge Peter Smithwick that he had written a nine-page letter of complaint to the Garda Commissioner in 2009, pointing out that despite having information that could be of use to the inquiry, he had not been put forward by the Garda as a potential witness.
The tribunal is inquiring into suggestions that members of the Garda or other employees of the State based in Dundalk Garda station colluded with the IRA in the killing of two RUC officers. Mr Byrne said his letter of complaint to the commissioner was “demonstrating that co-operation with the tribunal was not all it could have been”.
Mr Byrne was subsequently called as a witness. Giving his evidence yesterday, he said he had been warned by senior officers in 1985 to “keep an eye” on Mr Colton when he was transferred to his unit in Dundalk.
Both men were sergeants but Mr Byrne had been put in charge. He said he became concerned when he was “told the car was being used for the purpose of importing contraband”.
Mr Byrne told Dara Hayes, for the tribunal, that the car involved was an official marked Garda car. He believed it was being used either to bring items such as televisions or washing machines from the Border to Dundalk, or to escort another vehicle carrying contraband from the Border to the town. He told Mr Hayes he believed the smuggling was not for personal use. “It was a business,” he said.
Mr Byrne also told the tribunal he wrote a list of 10 or 12 questions on a station blackboard under the heading: “Who is responsible?” which was visible to about 100 officers and men who were based in Dundalk.
The first of these was to the effect of “Who was found shoplifting?” while others related to who took money out of the meter in the snooker room; who was using the patrol car for purposes not authorised; who was responsible for a file on gaming going missing; who was taking advantage of women when they were reporting problems, and who was spending time in the vehicle tax office at night.
He told Mr Hayes he had heard Mr Colton had stolen something from a supermarket in Dundalk while investigating a break-in. He also understood an internal investigation had “found” Mr Colton was responsible for the disappearance of the snooker room money.
He said Mr Colton had a key to the cupboard where his file on gaming in Dundalk was held and that the allegations regarding women were “of a sexual nature”.
He said they related to women who came to the station to make domestic complaints being driven home by Mr Colton in Mr Colton’s own car. He added that he was “suspicious” of the amount of time Mr Colton spent at night in the vehicle tax office as he was not an active prosecutor in that area.
However, he agreed with Eamonn Coffey, for Mr Colton, that his evidence was mainly “gossip and hearsay”. He could not provide names of those who had told him of the allegations and he had never heard any suggestions that a member of the force was an IRA mole. He also agreed that if any disciplinary action had been taken against Mr Colton, he would have heard about it.
Mr Byrne agreed that no disciplinary measures were taken. “I would agree with you, there was nothing, nothing at all.” The tribunal continues today.
