McBrearty costs a ‘miscarriage of justice’
Independent TD Finian McGrath said it was time for Mr McDowell to “get off the fence and stop messing around” with the McBrearty family. It is estimated that the family’s legal bill will run into hundreds of thousands of euro.
“As someone who was involved in the campaign for the Birmingham Six and the Guildford Four, I think it’s a blatant miscarriage of justice the way the family have been treated.”
Mr McDowell, responding to a Dáil question by Mr McGrath, said that a number of parties had been granted the right of legal representation at the Morris Tribunal, including himself and Garda Commissioner Noel Conroy.
“It has been the practice, where legal teams are engaged on behalf of the State or its agencies, that they receive their fees as the work progresses,” he said.
He added that he presumed private individuals who had been given the right of legal representation at the tribunal would come to their own arrangements with their legal teams.
The tribunal was set up three years ago to investigated allegations against gardaí in the Donegal division, including the wrongful arrest for murder and harassment of members of the McBrearty family.
“I think it’s a disgrace the way the McBreartys have been treated. It’s a clear breach of their human rights and I’m calling on the minister to be more pro-active,” said Mr McGrath.
Frank McBrearty Jnr said the family would not go back to the tribunal.
He is taking a Supreme Court case against the tribunal for legal aid.
Mr McBrearty has challenged Mr McDowell to a public debate on “why gardaí should not investigate gardaí” and the forthcoming second report of the Morris Tribunal with the minister.
“If you do not debate the following with me, it is a sign that you are guilty of a cover-up,” he said.
A Department of Justice spokesman said he was attempting to contact Mr McDowell about Mr McBrearty’s request.
