McBrearty witness ‘used by gardaí’

A SLIGO man was “used” by gardaí in Raphoe to secure a conviction against Frank McBrearty Snr’s nightclub by giving a witness statement saying he was found on the premises after hours, a retired garda said yesterday.

John Nicholson, a former officer in Sligo, told the Morris Tribunal into garda corruption in Donegal he now believed Bernard Conlon was sent to Frankie's Nightclub in order to obtain a statement that licensing laws had been broken.

Mr Nicholson said he had been phoned by Detective Sergeant John White and instructed to tell Mr Conlon to meet the senior officer in Raphoe.

When he passed on the message, Mr Conlon told him he was "helping out some of your boys" in the Co Donegal town.

Mr Conlon later came into Sligo garda station and gave a statement to Mr Nicholson about being found on the premises of Frank McBrearty's nightclub after-hours.

Asked if the statement he took was a witness statement for use against the McBreartys, the former garda said: "Yes, but I didn't realise it at the time."

Mr Nicholson denied claims that he was expecting Mr Conlon to come and make a statement at Sligo garda station.

He also denied telling Det Sgt White, ahead of the incident, that Mr Conlon would be truthful or helpful to the garda.

The tribunal was told Det Sgt White had made a statement suggesting Mr Nicholson sent Mr Conlon up to Raphoe and that he Det Sgt White had nothing to do with it.

Det Sgt White has also denied asking Mr Nicholson to pass on a message to Mr Conlon.

"It's him that's making up the story. I don't know why he's doing it but it's not the truth," Mr Nicholson said.