Tribunal could cost McBreartys €1m in legal fees

THE McBrearty family have racked up an estimated half-million euros in legal fees over the past eight years, not including potential fees of up to €1m for the Morris Tribunal.

The court cases relate to alleged harassment of the McBrearty family and associates after the death of Richie Barron in Raphoe, Co Donegal, in 1996. These and alleged corruption within the gardaí in Donegal are the subject of the Morris Tribunal.

Although an interim report from Justice Frederick Morris found corruption and gross negligence among gardaí, Justice Minister Michael McDowell has turned down requests from the family for any legal aid.

Apart from defending almost 200 summonses, Frank McBrearty snr went to the Supreme Court to stop further District Court proceedings.

In addition, 12 members of the family were arrested at various points and are taking High Court actions for unlawful arrest and imprisonment.

Some 20 to 25 actions are ongoing in total. The €500,000 does not include costs associated with the Morris Tribunal.

The family has been represented by Martin Giblin SC and associates for nearly eight years. He has been paid only nominal amounts by members of the family.

In relation to the High Court actions, he and the solicitors involved do not expect payment until after they are resolved and, as is possible, significant pay-outs are made.

That is the chance legal representatives take, said David Walley, solicitor to the family.

However, Mr Walley, a representative for nearly two years, said none of the legal representatives could possibly represent the family at the Morris Tribunal without some sort of ongoing payment. It could take three years for the tribunal to finish and a further two years before costs are awarded.

A senior and a junior barrister and a solicitor would need to work full-time on a tribunal, said Mr Walley.

A team has already spent months assembling 10,000 documents on behalf of the McBrearty family. They were also represented when opening statements were made in Donegal nearly a year-and-a-half ago.

Rates are set by each barrister and solicitor individually with the client.

The rate for the McBreartys is unlikely to be anywhere close to as high as that paid to the Tribunal counsel and solicitors, given the relationship built up between the parties over the years.

However, a top senior counsel, a junior counsel and a solicitor working for 215 sitting days of a tribunal each year would cost, at the most conservative of prices, in excess of €300,000.

All those representing State agencies, including the gardaí and the Minister for Justice, are represented and their costs are being paid either by the State or by representative bodies.

It is a disgrace, said Mr Walley, who said it is within Mr McDowell’s gift to give the McBreartys some help. He cites as a precedent ongoing costs paid to representatives of haemophiliacs.

The minister says he has no role in determining whether a party to a tribunal should receive ongoing help with costs.

Mr Walley said: “I just find it difficult to understand how the Minister for Justice could possibly say that, knowing what these people have already been through at the hands of the agencies of the State.”

“There’s a prima facie case been made of corruption in Donegal and the Justice Minister has already said there’s worse to come.”