A Garda detective seen and heard on video repeatedly swearing and shouting at a suspect agreed with a judge yesterday that a court may have "grave concerns of relying on that evidence".
The officer from the Garda Special Detective Unit was giving evidence at the Belfast Crown Court trial of Co Tyrone man Damien Joseph McLaughlin.
The 41-year-old, from Kilmascally Road near Ardboe, denies a total of six charges including aiding and abetting the drive-by shooting of prison officer David Black (52) in November 2012 and IRA membership.
The detective had just completed his cross-examination by defence QC Orlando Pownall concerning his interviewing techniques and that of two fellow officers when trial judge Mr Justice Colton asked for his comment.
The senior judge, sitting without a jury, initially put it to the officer he had "already accepted you did not anticipate" that the video recording of the interview "would not see the light of day".
In the interview conducted in a Co Leitrim Garda station, a suspect being continually shouted, sworn and cursed at purported to identify Mr McLaughlin, and the car used in the attack on the M1, after prompting from officers.
The detective also accepted that he did not believe the interview "would be subject to scrutiny in a court of law", before Mr Justice Colton put it to him: "Can you understand why any court would have considerable concerns of relying on the evidence".
"Yes," the officer replied.
Another Garda detective gave evidence that he thought it was "a possibility" the taped interviews would ultimately be played to a court.
He also said he believed all of the matters would be viewed by the Republic's Director of Public Prosecutions, who would decide if there should be a prosecution in the case.
However, his colleague, in his earlier evidence, said the first he realised the videotaped interviews would be used in court was when he was called to make a deposition in Belfast Magistrates Court.
While the detective agreed that the language used to the suspect "was appalling", he maintained that he was only "being robust" with the man - who allegedly helped Mr McLaughlin start the Toyota Camry said to have been used by the gunmen.
The second officer also described what had happened as "robust" - while denying this was the Garda "party line" - and said at all times he believed it was "language appropriate to the situation and language he (the suspect) was used to".
"I don't believe he was in any way offended by the language," he said, adding later that the suspect made "no complaint against any officer".
"That's no ringing endorsement," said Mr Pownall.
The third officer, during his cross-examination, also said the language used "wasn't inappropriate in the circumstances" and he was "not embarrassed by it", although he said he never swore at the suspect.
When it was put to him that "the ends do not justify the means", the officer replied: "It did in this case... he told the truth".
At hearing.
