Witness Risking Contempt At Tribunal

A witness at the Morris Tribunal is risking contempt of a High Court order and could face daily fines or imprisonment.

Frank McBrearty Snr has refused to give evidence at the tribunal probing claims of garda corruption in Donegal.

The Raphoe publican told counsel at the Morris Tribunal he is finished with the inquiry and no longer wished to attend.

Tribunal chairman Mr Justice Frederick Morris was told the publican met with personnel on Monday and raised grievances over comments made about him by former Det Sgt John White, which had appeared in local and national media outlets.

Tribunal barrister Paul McDermott SC said the following morning – when Mr McBrearty Snr was due to take the stand – counsel received a telephone call in which the publican “indicated that he no longer wished to attend at the tribunal and that he was finished with the tribunal.”

“He expressed his annoyance and frustration that the tribunal and legal team did not prevent Mr White from making the observations of which he complained,” said Mr McDermott.

Mr McBrearty Snr, who recently won almost €4.5m in damages from the State, has continuously complained that he cannot afford legal representation at the tribunal in case he was not awarded costs.

“Unfortunately, despite all the promises and undertakings by Mr McBrearty Snr that he would attend at the tribunal and complete his evidence, and matters being adjourned to enable him to obtain compensation before the High Court in Castlebar, he is not willing to honour that obligation and undertaking,” continued Mr McDermott.

The tribunal is investigating allegations that gardaí mounted a campaign of harassment against the publican, his family, business and staff after they wrongly became murder suspects following the hit-and-run death of local cattle dealer Richie Barron.

Mr McBrearty Snr last gave evidence to the inquiry last summer and, due to stress, was listed to be questioned during each morning session this week.

Mr Justice Morris said for the avoidance of any doubt, it should be made clear that the attendance or non-attendance of Mr McBrearty at the tribunal is not a question of option.

“Mr McBrearty is and has been for a considerable period of time, under summons to attend here to give his evidence,” he said.

The chairman said the tribunal and its staff have made every possible effort to accommodate Mr McBrearty, with counsel and personnel spending many hours preparing material to do his case full justice.

“I will make an application to the High Court if I reach the conclusion that Mr McBrearty’s attendance here is necessary for me to complete my mandate.”

(BMcC)