Morris Tribunal family's health 'at risk'

The family whose complaints of Garda harassment led to the founding of the Morris Tribunal said tonight their health was at risk.

Frank McBrearty Senior pleaded with Justice Minister Michael McDowell to reduce their enormous stress by guaranteeing their legal costs at the tribunal.

His wife, Rosalind, collapsed at the tribunal earlier this week and had to be taken to St Vincent’s Hospital.

Mr McBrearty said: “I now fear for my own health and for the health of my wife Rosalind and son Frank.”

The McBrearty family have withdrawn their legal counsel due to escalating costs.

In the letter delivered to Mr McDowell’s office yesterday, Mr McBrearty said this had put his family under enormous stress.

“I see now the opportunity that exists for me and my family to question our tormentors has been lost to us, as we are not qualified to ask questions at the Tribunal.”

He added that his wife had been advised to disengage from the tribunal, which adjourned on the day she was taken ill.

“She is so intent on participating in the tribunal, she has stated she will not take doctor’s advice in this matter.”

The Morris tribunal has the power to award legal costs to witnesses at the end of its deliberations but only the State has the power to award legal costs in the interim.

Mr McBrearty said: “We are involved in eight separate modules at the Tribunal which on a best estimate, would take at least two further years to complete.

“There is clearly no reality to me expecting my small team of lawyers, working without payment, to attend at the Tribunal for the entire period.”

The McBrearty family also wrote to Mr McDowell earlier this year but was told that granting legal aid to one family would mean doing the same for all other witnesses. Mr McBrearty said it was not too late for the Mr McDowell to change his mind.

“To do so will be understood by the people of Ireland, as a gesture of sensitivity and understanding of my family’s particular situation before the tribunal, without in any way compromising the State.”

The Morris Tribunal is currently investigating events surrounding the death of cattle dealer Richie Barron in Raphoe, Co Donegal in 1996.

A spokesman for Mr McDowell confirmed he had received the McBrearty letter.

He said: “The Morris Tribunal is working on the basis of paying legal costs at the end of each module. The Minister is not going to change that. To do anything could interfere with the operation of the tribunal.”