Wrongly arrested Donegal publican continues fight to clear family name

A NIGHTCLUB owner wrongly arrested in a botched murder investigation in Donegal yesterday claimed he was a millionaire until he battled to clear his family name.

Frank McBrearty Snr told the Morris Tribunal he has been left penniless by hisefforts to fight against garda corruption in the county.

The Raphoe publican hired a private investigator after his son, Frank Jnr, and nephew Mark McConnell, were accused of killing local cattle dealer Richie Barron.

It was later found Mr Barron was the victim of a hit-and-run. No-one has been charged with his death.

Mr McBrearty has since fought to highlight a catalogue of abuse and interrogation he alleges his family suffered in custody in the following years.

He is currently taking High Court action against the state.

On the second day of cross-examination, Mr McBrearty told the hearing that gardaí dug a terrible hole arresting 12 innocent people in relation to the death.

“They dug on and on and I dug after them,” he said.

“I’m nearly penniless, I haven’t hardly a penny left, not a penny left.

“I was a millionaire, haven’t a penny left, and I would do it all again.

“Every single thing I would do again, for my family and staff.”

Mr McBrearty Snr was arrested on December 5, 1996, accused of intimidating witnesses in relation to the investigation.

He claims he was verbally abused during his interrogation at Letterkenny GardaStation.

Information he gave to the tribunal yesterday was similar to garda records from that day, but he told tribunal Mr Justice Frederick Morris he could not remember what he said 10 years ago.

He also refuted any notes were taken during the interview, but later acknowledged that his signature did appear on notes in possession of the tribunal.

Mr McBrearty alleges retired Supt John Fitzgerald and Det Insp John McGinley taped his interview and later wrote up the answers.

He also maintained he was asked to sign a blank sheet of paper by Det Insp McGinley, but evidence shows the first time he ever complained about it was to his lawyer the following year.

“I’m not 100% sure what went on in those barracks 10 years ago,” he said.

“I was taped in that barracks.

“I have always said I never seen John Fitzgerald or John McGinley writing down. When I started thinking about it at home, he taped me in the pub. So he taped me in the barracks afterwards.

“These notes were never taken down in my presence, never.

“Why else were people asked to sign white pieces of paper.”

Gardaí deny the allegations.

In the years following the murder investigation, the McBrearty family was hit with 160 summons by gardaí for breaching licensing laws, driving offences, and public order offences.

All were later dropped by the Director of Public Prosecutions.

Mr McBrearty Snr told the tribunal a number of retired gardaí helped him as he gathered evidence of victimisation and corruption.