McBrearty wants taxpayer to foot huge legal bill

FRANK McBREARTY Jnr, the publican framed for a murder that never was, yesterday applied for the taxpayer to foot his family’s massive legal bill.

Lawyers for the Morris Tribunal revealed they had received a written submission from the Raphoe man to cover legal bills for hundreds of hours work with the inquiry.

Mr Justice Frederick Morris, whose damning second report detailed negligence, corruption and a web of deceit among gardaí of all ranks said he would not stand in the way of the application.

"It is regrettable that it has not been possible for them to attend here for them to move the application," Judge Morris said. "You would want to have been living on the moon over the last months or so to not know that this is an extremely live issue."

Judge Morris said the payment of fees had been a matter of grave concern for the McBreartys for some time.

"I have no doubt that he makes that point perfectly validly," he said.

Judge Morris said he would treat the written application in the same manner as if it had been moved orally. The chairman reserved his judgment on the application but said a ruling would be handed down by the end of the week.

Under tribunal rules, senior counsel earn up to €2,500 a day, while junior counsel are paid €2,000 and solicitors €1,000. Fees, however, are set to be slashed in two years' time to curb the spiralling costs daily charges may plummet to €969.

Four gardaí against whom findings were made against applied for their costs to be covered John O'Dowd and Pádraig Mulligan who were sacked last December, James McDwyer who was transferred from Donegal to Dublin last week and John White, who has been placed on long-term suspension.

Counsel for O'Dowd compared his evidence to that of alleged IRA informer Adrienne McGlinchey, who revealed at the inquiry two top officers set up a string of hoax arms finds. Brian Murphy said the sacked officer was a whislteblower. "He admitted to his own wrongdoing in relation to the extortion phone calls and in matters in relation to changing the station diary and overtime sheets to cover up," he said.

"In John O'Dowd's case you found in the report that there is a culture of not hanging your own and he was the only garda witness to break ranks and point the finger."

Pádraig Mulligan applied for his bills to be covered. Mr Murphy said a distinction had to be drawn between negligent behaviour and corruption.

Both officers had key roles in the botched investigation into the death of Richie Barron in Raphoe in October 1996. They were drinking in a pub in nearby Lifford when the accident occurred.

Garda James McDwyer, who was shifted from Ballybofey to the capital in the wake of the second damning report, asked for his costs to be covered.

McDwyer was one of five gardaí transferred after the tribunal found he delayed answering an emergency call on the night Richie Barron died.

An application was made on behalf of Detective Sergeant John White. His lawyer, Paudge Dorrian, told the inquiry that costs should be paid as the findings of the tribunal regarding his client's behaviour fell short of corruption.

He added that Det Sgt White answered every question put to him. Applications were made for several other parties who had been involved with the tribunal over the last 18 months.