GRA accuses tribunal of favouritism towards civilian witnesses
The Garda Representative Association (GRA) said that, if a garda had used the same “profane” language that Frank McBrearty Jnr used to the tribunal, they would be found in contempt.
However, the garda body said Mr McBrearty Jnr escaped any such treatment and had walked out from the tribunal during cross-examination. Following Mr McBrearty’s walk-out last month — his fourth to date — the tribunal adjourned its investigation into claims by Mr McBrearty that he was mistreated when arrested by gardaí in Donegal in 1996.
Mr McBrearty Jnr was involved in heated exchanges last month with a lawyer representing a number of gardaí who were involved in questioning him at Letterkenny Garda Station on December 4, 1996.
He also clashed with tribunal chairman Mr Justice Frederick Morris.
At one stage, Mr McBrearty Jnr refused to give evidence while detectives who had interviewed him were in the room. He said he would “not be responsible” for what might happen if they did not leave.
Garda Representative Association general secretary, PJ Stone, said: “Members of An Garda Síochána are in no doubt that, if they had used the same profane language that Mr Frank McBrearty used to respond to reasonable questions put to him by a legal representative, they would be correctly found in contempt.”
Writing in the Garda Review, the GRA journal, Mr Stone said: “There was no excuse for Mr McBrearty’s behaviour, as Mr Justice Morris confirmed the questions asked by the solicitor acting for members of An Garda Síochána were relevant and appropriately put.”
He said answers to questions put by the solicitor were denied as a result of the “outburst” by Mr McBrearty. Mr Stone said no member of the force had to date refused to answer questions or be cross-examined. He said some gardaí had not been awarded legal costs on the basis that the chairman decided that they did not co-operate fully with the inquiry.
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