Family protests over exclusion from testimony

The McBrearty family today protested about being excluded from confidential discussions about Garda informants at the Morris Tribunal.

Assistant Garda Commissioner Dermot Jennings, who once headed the force’s Crime and Security branch, provided his information to the tribunal in closed session.

Frank McBrearty Junior told Judge Frederick Morris that he and his father should not be excluded.

“I feel there’s evidence that comes out from this witness that affects my family. I’ll accept whatever you say, Judge, but I’ll be leaving here in protest for this part of the evidence,” he said.

Mr McBrearty said he wanted to cross-examine Mr Jennings about issues relating to his family and offered to sign a non-disclosure agreement.

Assistant Commissioner Jennings is currently in charge of the Western Region.

He was awarded the Scott Medal for valour in 1984 and recently took charge of the security operation for the Bush visit to Ireland.

Judge Morris said Mr Jennings’ evidence about informers did not concern the McBrearty family, whose allegations of Garda harassment led to the setting up of the tribunal.

He said: “The Tribunal has from time to time had to consider evidence which touches on the identity of informers or alleged informers. Those persons are entitled to remain anonymous and their identity has to be protected.”

Senior Counsel for the Garda Commissioner, Michael Durack, said he objected to Mr McBrearty’s presence. But he suggested that Mr McBrearty should be notified by Judge Morris if any evidence relevant to his family emerged.

Judge Morris asked Mr McBrearty to withdraw from the chamber.

“He can rest assured that I will hear the evidence aware of the fact that he is concerned that the good name of his family might be affected.

“I give him an assurance that if that occasion arises, I will stop the hearing and I will send for Mr McBrearty,” he said.

Mr Jennings then gave evidence in closed session before counsel for the tribunal, counsel for Garda John O’Dowd and former Superintendent Kevin Lennon.

Judge Morris allowed the McBrearty family to sit in for two issues that arose in relation to them from Mr Jennings.

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