McBreartys plead for tribunal costs guarantee

THE family whose complaints of garda harassment led to the founding of the Morris Tribunal last night said their health was at risk and pleaded with Justice Minister Michael McDowell to reduce their enormous stress by guaranteeing their legal costs at the tribunal.

Frank McBrearty Snr said his wife, Rosalind, collapsed at the tribunal earlier this week and had to be taken to St Vincent’s Hospital. Mr McBrearty said: “I now fear for my own health and for the health of my wife Rosalind and son Frank.”

The McBrearty family have withdrawn their legal counsel due to escalating costs.

In the letter delivered to Mr McDowell’s office on Thursday, Mr McBrearty said this had put his family under enormous stress.

“I see now the opportunity that exists for me and my family to question our tormentors has been lost to us, as we are not qualified to ask questions at the tribunal.”

He said his wife had been advised to disengage from the tribunal, which adjourned on the day she was taken ill. “She is so intent on participating in the tribunal, she has stated she will not take doctor’s advice in this matter.”

The Morris Tribunal has the power to award legal costs to witnesses at the end of its deliberations, but only the State has the power to award legal costs in the interim.

Mr McBrearty said: “We are involved in eight separate modules at the tribunal which, on a best estimate, would take at least two further years to complete.

“There is clearly no reality to me expecting my small team of lawyers, working without payment, to attend at the tribunal for the entire period.”

The McBrearty family also wrote to Mr McDowell earlier this year but was told that granting legal aid to one family would mean doing the same for all other witnesses. Mr McBrearty said it was not too late for the Mr McDowell to change his mind. To do so, he said, would be understood as a gesture of sensitivity and understanding.

The Morris Tribunal is investigating events surrounding the death of cattle dealer Richie Barron in Raphoe, Co Donegal, in 1996. Mr McDowell was not available for comment but a spokesman for the minister confirmed he had received the McBrearty letter.

He said: “The Morris Tribunal is working on the basis of paying legal costs at the end of each module. The minister is not going to change that. To do anything could interfere with the operation of the tribunal.”