Key witness prepared to be jailed, tribunal told

A key witness at the Morris tribunal said today he was willing to go to jail for his constant interruptions.

Frank McBrearty junior, whose family’s complaints of Garda harassment led to the setting up of the tribunal, was warned by Judge Frederick Morris about repeatedly springing to his feet to interrupt the tribunal proceedings.

The Donegal nightclub manager, who is representing himself in the absence of a Government guarantee to pay his legal costs, said nothing more could be done to harm him.

“If I go to jail, at least I’ll get my bread and water for nothing. That’ll be the only thing the State ever give me because they won’t give me a legal team,” he said.

Mr McBrearty had been enraged by the evidence of Superintendent John McGinley, who said the McBrearty family had admitted in Garda interviews to being regarded as the “mafia” in their home town of Raphoe, Co Donegal.

“That’s a complete lie. That suits your story, Superintendent,” shouted Mr McBrearty.

In a heated exchange, Judge Morris ordered Mr McBrearty to resume his seat and to behave in an orderly way.

“You may resent what is said but you will have your opportunity to cross-examine. You must not interrupt like that.”

Mr McBrearty replied: “My children have to go to school now, people slagging them, telling them they’re the Corleone family. Would you like that judge?”

This was the nickname placed on the family by some gardaí investigating the death of cattle dealer Richie Barron in Raphoe in 1996.

Both Frank McBrearty junior and his cousin Mark McConnell were arrested in connection with the death but all charges were later dropped.

After further interventions by Mr McBrearty, Judge Morris said firmly that was the end of the matter.

Mr McBrearty: “It’s not the end of the matter as far as I am concerned.

“Eight years I’m trying to get justice.”

Judge Morris: “I’m warning you, Mr McBrearty, I’m warning you.”

Mr McBrearty: “You can send me to jail if you want to.”

Judge Morris raised his voice to drown out Mr McBrearty.

“If you keep at this much longer, I will be forced to conclude you’re trying to obstruct the tribunal. If you don’t stop and stop now, I’m going to come to that conclusion,” he said.

The cross-examination of Superintendent McGinley by Tom Creed SC, who is representing Garda John O’Dowd, then resumed.