Frank McBrearty Snr: Will not have to open books to the tribunal.
The Morris Tribunal found Mr McBrearty Snr won’t have to open his books to the inquiry as it probes allegations of intimidation by officers in Raphoe, Co Donegal.
The publican had claimed that within six weeks of Detective Sergeant John White transferring to Raphoe, his business almost collapsed because of the campaign of harassment by gardaí.
Cormac O Dulacháin, senior counsel for the former garda who was sacked from the force last year, had applied to see all documents concerning any
alleged downturn in patronage or downturn in trade in Mr McBrearty’s licensed premises in the years 1997 and 1998.
Mr Justice Frederick Morris refused the application, adding the essential issue was whether any members of the gardaí harassed Mr McBrearty and his family. However, the chairman directed the publican to produce evidence to back his claims that he dropped legal action against An Garda Síochána in July 1997 when a senior officer agreed to ease garda checks. The Morris Tribunal — which has risen for summer recess — is investigating allegations of garda harassment against the McBrearty family after the death of cattle dealer Richie Barron in October 1996. Mr O Dulacháin argued that the publican exaggerated giving evidence, adding he waived his rights to privilege when he called for the tribunal to be set up.
In a 20-page written judgment, released today on the Morris Tribunal website, Mr Justice Morris found that documents, notes or memoranda concerning consultations between Mr McBrearty Snr, his solicitor, counsel, and witnesses, during the hearing of the District Court prosecutions in Letterkenny District Court were privileged.
He also ruled that other documents, including copies of Garda notebooks, and notes made by bar manager John Mitchell recording garda visits to the nightclub, could be seen by the applicant’s legal team.
