A key witness at the Morris Tribunal has failed to turn up to give evidence.
Mark McConnell was arrested in December 1996 with his cousin Frank McBrearty Jnr, and questioned about the supposed murder of Richie Barron.
He was due to give evidence at the tribunal today about his detention at Letterkenny Garda Station, during which he claims he was mistreated.
However, he failed to appear and the tribunal chairman adjourned the module concerning his detention until Tuesday 3 October, when the person who was to serve him with a summons to appear is available to prove that the summons was served.
Mr Justice Frederick Morris said he had the clear impression from correspondence from Mr McConnell that he had no intention of turning up today.
The judge said he wanted to make it clear to Mr McConnell that he cannot dictate when he will or will not attend the tribunal.
The tribunal has now resumed the module dealing with the arrest and detention of Mr McConnell's wife Roisin, who spent eight weeks in a psychiatric hospital following her release from custody.
On the stand is retired Supt John McGinley, who apologised to the tribunal for having notes of an interview with Mrs McConnell changed.
He said after seeing the notes of the interview in which he asked Mrs McConnell about her religion and what kind of a woman she was he realised they were inappropriate.
He agreed with tribunal counsel Peter Charleton that it was not normal behaviour to finish an interview in which his colleague had taken accurate notes and almost a year later to cause that garda to be approached, or approach him himself, and have the notes rewritten and fraudulent notes put in the system.
Mr McGinley said it was 'a cock-up' from start to finish.
