Publican urged to finish cross-examination

The chair of the Morris Tribunal today told a Donegal publican to wind up his cross-examination for the sake of the public purse.

Frank McBrearty Jr, who is representing himself at the tribunal into Garda corruption in Donegal, spent over two days questioning Superintendent John McGinley about his involvement in the early stages of the investigation into cattle dealer Richie Barron’s death.

Judge Frederick Morris, addressing Mr McBrearty Jr, said: “I have made it clear that I have a responsibility to the public purse as well as to your good self and your family.”

As the tribunal closed for the day, the judge told Mr McBrearty Jr he was wasting time and his cross-examination of the Superintendent was finished.

However, Mr McBrearty, said he would seek legal advice and was willing to go to jail over his right to cross-examine witnesses.

“You can rule whatever way you want I will be in here tomorrow to ask my questions again,” Mr McBrearty Jr said.

Judge Morris said that Mr McBrearty Jr had been asking questions during his cross-examination of the senior garda that “were not of value to him”.

However, Mr McBrearty Jr said: “I am not costing this tribunal a penny here. All these legal teams are costing the tribunal, not me. I am here paying myself, my own way.

“They have cost the state 30 million euro.”

Judge Morris said he was obliged to conduct the inquiry in as “expeditiously” a fashion as possible.

“It is my opinion that the manner in which you have cross-examined this witness has led to a very considerable amount of wasted time. I am not in any way critical of you for this, because you do not have, as you have pointed out yourself on many occasions, legal training.”

He added: “I am anxious that you would make available to me the comprehensive knowledge that you have of the case but you have not done that.

"You have embarked on argument with the witness, criticism of the witness and allegations of an extravagant nature with the witness that I have invited you to support with evidence and you have not done so.”

Judge Morris had earlier said that if Mr McBrearty, who alleges that the gardaí attempted to frame him for the death of Mr Barron, made some interesting points in the afternoon session he would allow him to continue with his questioning tomorrow.

The judge also offered to look at the rest of the questions Mr McBrearty had formed for Supt McGinley to see if any of them would be relevant.

However, Mr McBrearty said: “You didn’t ask anyone else for their questions. I am now going to seek legal advice.”

Judge Morris said: “I take it you do not want me to see your questions and in those circumstances I am going to consider your cross-examination at an end.”

His father, Frank McBrearty Sr, told the tribunal that the family had suffered and needed to seek the truth.

“I am telling you I am entitled to clear my name,” Mr McBrearty jnr said.

“The Government didn’t give us legal representation. My lawyers could have asked these questions. I am entitled to cross-examine and I am not going to be bullied.”