New statements have been submitted to the Disclosures Tribunal from three senior gardaí, however an assistant commissioner has been unable to comply because he is away.

The tribunal heard that retired Assistant Commissioner Kieran Kenny is "on the far side of the world" and has no recollection of the phone call in question.

Yesterday, a new document circulated to legal teams contained Chief Superintendent Terry McGinn's diary notes of a garda conference held in Letterkenny station on 8 October 2013.

The meeting was held to discuss a response to Marissa Simms' statement alleging threats from her partner Garda Keith Harrison.

The diary note referenced that Chief Supt McGinn had spoken to Assistant Commissioner Kieran Kenny and Chief Supt Tony McLoughlin of garda internal affairs about "the referral".

Neither of the two have previously given statements to the tribunal and the chairman, Mr Justice Peter Charleton, asked for new statements from the three of them along with another Superintendent, Eugene McGovern.

Today, the tribunal heard that Chief Superintendent McGinn had previously submitted the document to Garda HQ for inclusion in the submissions to the tribunal, however, it was not sent on.

Counsel for An Garda Síochána, Conor Dignam, apologised and said the gardaí were reviewing their processes to ensure the error was not repeated.

Mr Charleton said he was going for the chaos theory rather than the conspiracy theory.

The tribunal heard this afternoon that Gda Harrison was confined to desk duties for 15 months for allegedly threatening his partner, without anyone putting the accusations to him.

Gda Harrison's lawyer said that nobody took a single step between October 2013 and December 2014 to investigate the matter. Mark Harty said that if it was being taken seriously, evidence would have been gathered and a suspect arrested.

Supt Eugene McGovern said steps were taken and the matter was referred to the Garda Síochana Ombudsman Commission.

GSOC did not accept the complaint as it did not meet the criteria for the particular referral.

Mr Harty asked what had been done to protect Ms Simms if the threat to kill was being taken seriously. He said the reason that nobody did anything was because nobody thought the threat was meant seriously.

Supt McGovern repeated that the complaint was sent to GSOC as it referred to a serving garda and he said that advice about safety orders had been given.

Mr Harty said that he was not sure that a safety order would be enough if someone was to be burnt to death.

The tribunal also heard that the chief superintendent of the Donegal division sought the suspension of Gda Harrison, four days after his partner made the statement against him.

Chief Superintendent Terry McGinn wrote to Garda Internal Affairs on 10 October 2013 seeking Gda Harrison's suspension. She also suggested that transfer out of the division would be an alternative.

Mr Harty said there were immediate consequences for Gda Harrison regardless of whether the contents of his partner's statement was true or not.

Supt Tony McLoughlin of Garda Internal Affairs replied that it would be more suitable to confine Gda Harrison to indoor duties.

Supt McLoughlin also queried why the GSOC referral had been deemed suitable under section 102.

That section relates to a threat of death or serious harm.