Ruling by Morris Tribunal today
However, it remains unclear whether tribunal chairman Mr Justice Frederick Morris will seek an amendment of its terms of reference as requested by one of the main witnesses.
Lawyers for Raphoe publican Frank McBrearty have argued in favour of an extension of the terms of reference to include the response of State agencies to the complaints of Garda treatment of him and his family over the death of Donegal cattle dealer Richie Barron in October 1996.
Any such amendment involving the role of the Department of Justice, the Garda Commissioner and the DPP would require approval by the Dáil.
Mr McBrearty and his family claim they have been the subject of an attempt by gardaí in Donegal to accuse them of the murder of Mr Barron. Around 40 members of the McBrearty family have been arrested in the past six years in connection with the case.
A post mortem on the dead man’s disinterred body concluded that his injuries were consistent with Mr Barron having been the victim of a hit-and-run accident. Ironically, the inquest into Mr Barron’s death will also take place in Letterkenny, Co Donegal today.
However, Mr McBrearty’s lawyers are expected to seek an adjournment of the inquest. They are seeking an explanation why Mr McBrearty’s son, Frank Jnr, and his cousin, Mark McConnell, have been summoned to appear as witnesses at the inquest when they deny any involvement in Mr Barron’s death.
Meanwhile, the Morris Tribunal, which is expected to last two years, is likely to provide dramatic evidence about the behaviour of Donegal gardaí during the course of the investigation into Mr Barron’s death.
The Tribunal is also likely to focus on the conduct of the Carty inquiry team - the internal Garda unit established under Assistant Commissioner Kevin Carty to investigate allegations of corruption among their Donegal colleagues. A Ballybofey-based Garda sergeant, John White, told Letterkenny District Court last week that six charges had been brought against him in an effort by the Carty team to discredit evidence he would give to the Morris Tribunal.
Public hearings are due to start in Dublin later this autumn.




