Licensee denied Morris Tribunal adjournment

A publican who was considered a suspect in the death of Raphoe cattle dealer Richie Barron today looked for an adjournment of the Morris Tribunal.

Frank McBrearty Jnr claimed his rights were being affected.

He told the tribunal that counsel for the state yesterday informed the High Court that the findings of the tribunal could influence any court proceedings taken by the McBrearty family.

Mr McBrearty jnr was seeking to set a date for his civil action in the courts over his arrest during the investigation into the alleged 1996 murder.

“Some of the grounds on which Mr (Paddy) McEntee, Senior Counsel, opposed my application was that this tribunal will be dealing with issues that will be dealt with in my High Court action and that the findings of this tribunal could influence the High Court proceedings,” Mr McBrearty jnr said.

“I was very alarmed when he said this, because when my father took a high court action to secure our right to legal aid for this tribunal, your counsel and counsel for the attorney general both stated that we were not entitled to legal aid because the tribunal did not amount to the administration of justice and our rights could not be affected by anything that could happen here.”

Mr McBrearty said he was looking for an adjournment to consult with lawyers over implications of what arose in the High Court yesterday.

The tribunal heard that the High Court has reserved judgment until January on whether Mr McBrearty’s court action would be delayed due to the ongoing tribunal.

Tribunal chair, Judge Frederick Morris, said he would not grant the adjournment.

“The High Court judge may say that the fact the Morris Tribunal is looking into these matters has nothing to do with us at all,” Judge Morris said. “That only becomes an issue if in fact your trial is being deferred.”

During cross examination Mr McBrearty referred to a map of the scene of Mr Barron’s death in October 1996 and the town of Raphoe that was drawn up for the television programme, Crimeline.

Mr McBrearty questioned an arrow that was placed on the map indicating routes away from the scene where Mr Barron’s body was found.

The Judge said: “You are suggesting that the second arrow the one at the McBride lane was put in in other to vilify you.”

He added: “I will look at the programme and I will see if the arrow was put into the lane to vilify your family or not.”