McBrearty clashes with tribunal judge

KEY witness Frank McBrearty Snr stormed out of the Morris Tribunal yesterday vowing to sell his business to fight his case in the High Court after clashing with the tribunal chairman.

The nightclub-owner walked out of the witness box after several heated exchanges with tribunal chairman Justice Frederick Morris and barristers.

Demands from the Donegal publican, wrongly arrested 10 years ago in a botched murder probe, drew robust responses from Mr Justice Morris who moved to defend his independence from the State.

The retired High Court judge insisted he would not be blackmailed or held to ransom by Mr McBrearty Snr, who insisted five conditions be met before he handed over evidence and continued with cross-examination.

Mr McBrearty Snr had earlier revoked his permission for the tribunal to take documents in the hands of his solicitors. His demands included access to all papers relating to four Dublin-based detectives involved in his arrest, and that his legal team be guaranteed costs.

Mr Justice Morris pointed out he had no power to meet the final demand.

“You know that I do not have power to make that order. You know that you have tested it in the High Court and that the High Court have confirmed that my decision in that regard was absolutely correct,” he said.

Mr McBrearty remarked there were several people at the hearings into garda corruption representing the State, including the tribunal itself, as it was “paid for by the chequebook of the State”.

The comment provoked a strong backlash from the chairman who leant over from his chair at one stage pointing his finger at Mr McBrearty Snr. “Well, you are very wrong there Mr McBrearty, I can assure you of that,” he said. “I can assure you no judge is part of the State.”

During sharp exchanges, Mr Justice Morris continued: “Don’t tell me that I’m part of the State. I’m not working for the State. I’m working for the public.”

Leaving the witness stand, Mr McBrearty Snr said he would not answer any more questions until he got legal advice.

“That’s me finished. I’ll see you in the High Court. I will sell the rest of my business and fight my case,” he said.

The tribunal is presently investigating 12 wrongful arrests during the case.