McBrearty storms out of tribunal and vows never to return

DONEGAL publican Frank McBrearty Snr, who has claimed years of garda harassment over the unsolved hit-and-run death of cattle dealer Richie Barron, yesterday stormed out of the Morris Tribunal, vowing never to return.

Clasping the Bible in his right hand, Mr McBrearty accused the inquiry of ignoring evidence of garda corruption and his family's pleas for legal aid.

In a heated exchange with chairman Mr Justice Frederick Morris, the Raphoe publican levelled a series of accusations at the gardaí but refused to face cross-examination.

"I will not take anymore questions from anybody from today. I am finished in the tribunal," he said.

"My evidence is finished, and this is on my mother's grave and there is the Bible in my hands." He read a statement of his evidence to the inquiry and then told Mr Justice Morris: "I have listened to enough of the tribunal. That is the end of me and you. I'm away now."

The publican claimed that his family had been treated unfairly as they were refused legal aid. He said he would take his fight for costs to the Supreme Court and on to the European courts if necessary.

Mr Justice Morris pleaded with him to take questions from lawyers representing several Donegal gardaí.

"I have a function and that is to warn you that there are consequences of you refusing to allow yourself to be cross-examined," the judge said.

"It may well be that the DPP may consider that you are declining to be of assistance to the tribunal and if he does that, that may have serious consequences for you."

The publican stormed from the box as Mr Justice Morris told the tribunal he would consider what action to take.

"It is regrettable that he declines to do that and I must consider the position as to where that leaves the tribunal," the judge said.

But Mr McBrearty refused to heed any of the warnings from the chairman.

"It doesn't matter what you say, you can put me in jail if you like," he said.

In a prepared statement to the tribunal, Mr McBrearty said he had faced years of intimidation from gardaí.

He claimed former Raphoe Garda John O'Dowd had been found to be a liar. And he said Mr O'Dowd blamed everyone but himself for mistakes made in a botched investigation into a hit-and-run in the town.

He said Mr O'Dowd's one-time colleague Martin Moylan had been treated as a "sick and stupid man" who nearly pulled the wool over the eyes of the tribunal.

Mr McBrearty called for a number of senior politicians to be brought before the inquiry.

Mr McBrearty said Taoiseach Bertie Ahern, Justice Minister Michael McDowell and others should be forced to answer questions.

The Morris Tribunal was set up following complaints of garda harassment from the McBrearty family.

The tribunal is investigating the circumstances surrounding the apparent hit-and-run death of Mr Barron in October 1996 in Raphoe.