Morris hears McBrearty was detained unlawfully

The Morris Tribunal has heard that questions remain unanswered in relation to the arrest and detention by gardai of Frank McBrearty Jr for an alleged assault on a Co Tyrone man.

He was arrested for the alleged attack on Mr Edward Moss in February 1997, prosecuted, and subsequently acquitted.

It is alleged he was assaulted, video-taped and otherwise improperly treated while under arrest.

Edward Moss of Castlederg in Co Tyrone made a complaint of the assault to Det Sgt John Whyte, on December 31, 1997.

Mr McBrearty claims that the motive for his arrest was the desire of Garda John O'Dowd and Det Sgt Whyte to re-interview him in relation to the death of Raphoe cattle dealer Ritchie Barron.

Senior Counsel Paul McDermott said such an arrest and detention, if made in bad faith, would be regarded as unlawful.