McBreartys brand State apology as ‘hypocrisy’
Michael McDowell said it is his intention to change the plea and admit the State’s guilt over the treatment of Frank McBrearty Jnr following Richie Barron’s death nine years ago.
Mr McBrearty, who claims he was unlawfully arrested, assaulted and maliciously prosecuted, branded the move a “stroke” and vowed he would have his day in the High Court. The hearing is due to begin on June 21.
“As far as I am concerned I am going to court to bring out the truth,” said Mr McBrearty. He accused Mr McDowell of “hypocrisy”, claiming he, first as Attorney General from 1999, then as Minister for Justice, led the State in fighting “tooth and nail” against the family’s battle for justice.
Sources close to the family’s legal team said they were astonished at last night’s admission, as they heard nothing from the State’s advisors.
“Right up until now they have been fighting the case all the way and the family’s lawyers have been on notice that the State is denying every single claim,” said one highly placed source.
“For years there has been serious and deliberate obstruction by the State. They have treated this family from day one like dirt and they are only moving now because the State’s nose is being shoved in the s**t.”
As an example, the source said, the State refused to accept written testimony of five pathologists who concluded Mr Barron died from a hit-and-run, even though it has been officially confirmed. The family were being forced to pay to bring them to court, including two from abroad.
Asked on Newstalk Radio’s George Hook show if the State will apologise to the McBreartys, Mr McDowell said: “Yes, in the context of the forthcoming claim by Frank McBrearty to the High Court it is my intention to amend the pleadings in the case to concede liability.”
The minister again tried to shift the focus of the political fall-out away from his own Government and on to the Rainbow Coalition.
He said: “But what I do find difficult is that people who were seated at the Cabinet table in 1994, 1995, 1996 and 1997, when all of these things were happening to the McBreartys, are out there on their pulpit now lecturing me, when I am trying to sort out this whole mess, about my responsibilities
“But they, who were in office when all these things were happening ... should be very circumspect about what they say about their successors and I think they should apologise to the McBreartys.”
However, Mr McBrearty Jnr, who has challenged the minister to a studio debate, said of the Rainbow government: “They didn’t know anything about this case. It all started coming out under his watch. He was Attorney General, then Minister for Justice.”
Frank McBrearty Snr said of the apology: “An apology to me. That’s fair enough, that’s very good. The way to apologise in my eyes is for them to pay my legal costs and the bills that I have racked up to keep my family, my extended family and my friends out of jail.”
