Businesses ‘not obliged to evacuate for bomb scares’

BUSINESS owners are not committing an offence if they refuse to evacuate their premises during a bomb scare, a tribunal heard yesterday.

Detective Superintendent Brendan Cloonan, who specialises in handling bomb threats, told the Morris Tribunal that officers can forcibly remove people from the danger area for their own safety.

But he added there was no legislation to deal with business owners and management who refuse to cooperate, adding such a situation was unimaginable.

The tribunal has heard claims from certain Donegal gardaí that during a seriesof bomb scares at the McBrearty’s Raphoe nightclub in the late 1990s, the family refused to cooperate with officers in evacuating the premises.

“By my knowledge there is no offence for refusal to cooperate,” said Det Supt Cloonan.

The senior garda, now assigned to the crime and security section at Garda Headquarters, said he had never come across a property owner who refused toclear his premises after a warning was received.

“The owner and the management have a responsibility to the protection of life and to me it would be unimaginable that they wouldn’t assist you in that process,” he said.

“I have never experienced it that people didn’t cooperate with us.

“One would feel that you don’t need such legislation as you should be doing it in the first place if they are taking advice from An Garda Síochána.”

The tribunal is investigating claims the McBreartys, their extended family, business and staff were the victims of orchestrated Garda harassment following the October 1996 killing of Raphoe cattle dealer Richie Barron.

Frank McBrearty Junior and his cousin Mark McConnell were wrongly suspected of involvement in the death.

The death was later ruled an unsolved hit-and-run.

But Frank McBrearty Senior said gardaí targeted the family to place pressure on them over the unsolved killing.

Eleven hoax bomb warnings were received at the club in the year following the death.

While gardaí said they tried to evacuate and received no cooperation, staff at the business said officers acted unprofessionally by searching for packages without clearing the club.

Det Supt Cloonan said gardaí at that time were instructed to always evacuate.

“We would treat bomb threats as bona fide,” he said.

“The instructions at that time were to evacuate and then carry out a search.”