Why gardaí framed the McBreartys

A COMPLAINT by the McBrearty family against a detective sergeant who was accused of borrowing money from publicans in Donegal prompted the campaign of intimidation and false accusations which ultimately led to the Morris Tribunal.

A number of gardaí in north Donegal were “waiting in the long grass” for payback over what happened to Sergeant Danny McHugh, said Frank McBrearty Senior, who detailed his suspicions in an affidavit to the High Court which has been obtained by the Irish Examiner.

Mr McBrearty’s son Frank and Mark McConnell were the victims of a conspiracy by a number of gardaí to frame them for what was thought to be the murder of Richie Barron in October 1996. The pair was arrested along with family and friends in early December.

It was later confirmed Mr Barron died following a hit-and-run. The State faces more than 30 claims of unlawful arrest, false imprisonment, assault and malicious prosecution.

The question of why the family was targeted in the first place has never been adequately answered publicly. The McBrearty family believes the answer lies in a complaint made by Frank McBrearty Snr five years before Mr Barron’s death.

Sgt McHugh retired in 1991 after 30 years’ service in the gardaí, following an internal inquiry into allegations of corruption.

It is claimed Sgt McHugh was borrowing money from publicans in the Raphoe area and failing to pay them back. However, it was a demand to be allowed use the McBrearty’s premises for personal purposes that led the McBreartys to complain him to his senior officers.

Former Chief Superintendent Denis Fitzpatrick, responding to the allegations in the High Court that some gardaí in Donegal harboured deep resentment over the treatment of Sgt McHugh, said: “It is, in fact, correct that Sgt McHugh was the subject of a garda disciplinary inquiry and as a result, Sgt McHugh retired on October 7, 1991, after 30 years of service.”

Chief Supt Denis Fitzpatrick, who was allowed retire on full pension after being criticised in the first Morris report, denied gardaí were motivated to destroy the McBrearty’s business because of animosity over the complaints against Sgt McHugh.

However, after Frank McBrearty Snr made the complaint against Sgt McHugh, the publican was accused by gardaí of bribery and a file was sent to the DPP. No charge was ever brought.

Mr Fitzpatrick states the former sergeant did not serve with any of the members implicated in the plot against the McBreartys. However, the High Court affidavit claims he did serve with a number of them, including John O’Dowd and Padraig Mulligan, both of whom were heavily criticised by Mr Justice Frederick Morris.

Mr McHugh did not want to speak yesterday about any link, albeit unwitting, to the sequence of events leading to the McBrearty scandal. However, his wife said yesterday he may have known some of the gardaí but was not friendly with any of them.

In his affidavit, Mr McBrearty Snr states: “Garda O’Dowd played a central role in the harassment of me and my family over the succeeding years, clearly displaying his intense hostility ... because of his perception of what I had done to Sergeant McHugh.”

Furthermore, when Mark Quinn, one of 12 people arrested on the same day as Frank McBrearty Junior, was picked up, it is claimed the arresting garda said the investigation into the death of Mr Barron was “payback time” for Sgt McHugh.