POLICEMAN SUBJECT OF EARLIER COMPLAINT
Policeman subject of earlier complaint on Dungannon murder
'Shortcomings' outlined by judge in case
BY ANTON McCABE
THE policeman being investigated by the Ombudsman for allegedly beefing up statements in the trial of Sean Hoey for the Omagh Bomb was the subject of an earlier complaint to the Ombudsman regarding the investigation into another Tyrone murder.
A complaint was made about the conduct of Detective Chief Inspector (then Detective Sergeant) Philip Marshall during the investigation of the murder of Dungannon taxi driver Barney McDonald in April 2002.
In the letter of complaint, Mr McDonald's brother-in-law said the family was unaware Detective Chief Inspector (then Detective Sergeant) Philip Marshall was their Family Liaison Officer.
"At no time has anyone claiming to be a Family Liaison Officer ever informed us as to his or her duty," Kieran O'Donnell wrote.
"At no time has Detective Sergeant Marshall informed Alicia (McDonald, daughter of the victim) that this was his role.
Twice he contacted Alicia, once to collect Barney's belongings, the other to get the children to make statements."
The Ombudsman did not uphold the complaint.
O'Donnell has alleged the murder investigation was seriously flawed. He has accused police of allowing the mobile phone records of a vital witness to be destroyed. Nobody has ever been charged in connection with the murder.
Marshall was also named in connection with the arrest of four men at Coalisland in early 2002.
They were charged with possessing a rocket launcher.
They were found not guilty when evidence emerged murdered Armagh man Gareth O'Connor had been in the area, and had been working as a police agent.
When summing up the case, Mr Justice Girvan referred to Marshall.
He said one of the shortcomings in the investigation was "the disappearance of a sketch by Detective Sergeant Marshall sent to the forensic science lab."
He made no suggestion of wrongdoing by Marshall.
'Shortcomings' outlined by judge in case
BY ANTON McCABE
THE policeman being investigated by the Ombudsman for allegedly beefing up statements in the trial of Sean Hoey for the Omagh Bomb was the subject of an earlier complaint to the Ombudsman regarding the investigation into another Tyrone murder.
A complaint was made about the conduct of Detective Chief Inspector (then Detective Sergeant) Philip Marshall during the investigation of the murder of Dungannon taxi driver Barney McDonald in April 2002.
In the letter of complaint, Mr McDonald's brother-in-law said the family was unaware Detective Chief Inspector (then Detective Sergeant) Philip Marshall was their Family Liaison Officer.
"At no time has anyone claiming to be a Family Liaison Officer ever informed us as to his or her duty," Kieran O'Donnell wrote.
"At no time has Detective Sergeant Marshall informed Alicia (McDonald, daughter of the victim) that this was his role.
Twice he contacted Alicia, once to collect Barney's belongings, the other to get the children to make statements."
The Ombudsman did not uphold the complaint.
O'Donnell has alleged the murder investigation was seriously flawed. He has accused police of allowing the mobile phone records of a vital witness to be destroyed. Nobody has ever been charged in connection with the murder.
Marshall was also named in connection with the arrest of four men at Coalisland in early 2002.
They were charged with possessing a rocket launcher.
They were found not guilty when evidence emerged murdered Armagh man Gareth O'Connor had been in the area, and had been working as a police agent.
When summing up the case, Mr Justice Girvan referred to Marshall.
He said one of the shortcomings in the investigation was "the disappearance of a sketch by Detective Sergeant Marshall sent to the forensic science lab."
He made no suggestion of wrongdoing by Marshall.
Further Information
Publisher: TYRONE HERALD
Ref: TYH/050
Published Date: 29-Jan-07
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