Minister refuses to guarantee Tribunal witnesses' costs

Justice Minister Michael McDowell adamantly refused today to guarantee the costs of crucial witnesses at the Morris Tribunal.

He said he stood firmly behind chairman Justice Frederick Morris’s right to withhold costs and strenuously denied that he had been asked to pay one family’s costs in advance.

The McBrearty family, which claims it was framed by gardai for the murder of Raphoe cattle dealer Richie Barron in 1996, has represented itself at the tribunal ever since it was denied legal aid.

Mr McDowell told the Dáil the family was entitled to be represented by whoever they wish.

He added: “I stand very firmly by the tribunal in that it cannot show partisanship or favouritism when there are clearly other witnesses who sought and were denied the same facilities as the McBreartys.”

Frank McBrearty jnr has consistently claimed he has been denied proper representation because of spiralling costs which have left the family close to financial ruin.

Justice Morris approached a number of senior barristers asking them to represent the family on a rotating basis.

But Mr McBrearty then claimed he was being denied the right to represent himself and cross-examine witnesses.

Fine Gael’s justice spokesman Jim O’Keeffe said the family should have the right to be represented by counsel of their own choice.

“If you had the political will it could be done,” he said. “If these people are before the tribunal and have been dealt with by their own lawyers for the last seven years, surely it is not unreasonable to work out how that should continue.”

But Mr McDowell said he “absolutely rejected” such a claim. He said Richie Barron’s family as well as members of the gardaí had just the same rights as the McBrearty family and some of them had also been refused their costs.

“Some of these people attempted to have their costs guaranteed in advance by bringing actions in the High Court, others made similar threats,” he said.

“The tribunal has not suggested to me that I pay in advance the McBrearty’s costs. It has made a clear decision that it must have the right in case of the McBreartys and every other witness to have the sanction of withholding costs available in the case of non-cooperation.”