State ‘non-cooperative with McBrearty’

THE State has been accused of having a history of not co-operating with the legal representatives of Frank McBrearty Jnr, who is suing in connection with his detention for alleged murder eight years ago.

Mr McBrearty is taking a High Court case alleging unlawful arrest, false imprisonment, assault and breach of constitutional rights.

But his action, the first of a series to be heard in connection with events that happened following the death of cattle dealer Richie Barron, is being held up because of the failure of the State to comply with discovery orders, his counsel claims.

At the High Court yesterday, Martin Giblin SC complained the State was ordered to hand over a document by April 30 but that he received it only yesterday morning, minutes before a further hearing on the case.

Mr Giblin said this was a usual occurrence in this case and he accused the defendants, the Justice Minister, the Attorney General and the Garda Commissioner, of having “something of a history of non-cooperation”.

He said there was an “ostrich culture” on the State’s side.

Mr Giblin, who was appearing before the Master of the High Court, who hears motions on discovery and costs, wanted the discovery motion kept alive and asked for a one-week adjournment to consider further the document furnished by the State yesterday.

He also called for the hearing proper to be brought forward to the earliest possible date. This follows “strong medical advice” about Mr McBrearty Junior’s failing health.

He did not specify what condition he was suffering from. Counsel for the State, opposing the adjournment, said details relating to 2,000 documents have been handed over to the plaintiff’s legal team, more than they are entitled to.

Edmund Honohan, Master of the High Court, adjourned the case for a further hearing, due to be held on October 8.

Mr McBrearty’s case will be the first to be heard of more than a dozen being taken by members of his family and friends. They are going ahead as the Morris Tribunal continues to hear testimony on the events following the death of Mr Barron in October, 1996.

The McBreartys have withdrawn their co-operation from the tribunal after they were refused ongoing help to pay legal fees.

Mr McBrearty hopes that the High Court action will go ahead in October, more than seven years after the papers were first lodged.