State to pay legal costs for publican framed for murder

The State is to pay the massive legal bill of Donegal publican Frank McBrearty and his family at the Morris Tribunal, it emerged tonight.

Mr Justice Frederick Morris ruled Mr McBrearty jnr, who was wrongly framed for murder, would be granted his costs even though he has withdrawn his co-operation from the hearings.

Judge Morris said the family’s legal fees would be paid up until the day their legal team was discharged last May.

There will be no payment for costs incurred at the inquiry while Mr McBrearty and his cousin Mark McConnell represented themselves.

It is understood the bill could top half a million euro.

The McBrearty’s discharged their legal team over a year ago after spiralling costs threatened to ruin their business.

Mr Justice Morris acknowledged the awarding of costs had been a hot issue for the family for months.

But he said there was no legal basis to pay the McBrearty family for the time they spent representing themselves.

“There is no legal basis upon which to award lay litigants their costs though I wish to acknowledge the onerous burden assumed by Frank McBrearty Jnr and Mark McConnell,” the Judge ruled.

Under tribunal rules senior counsel earn up to €2,500 a day, while junior counsel are paid €2,000 and solicitors €1,000. Fees, however, are set to be slashed in two years time to curb the spiralling costs – daily charges may plummet to €969.

Mr McBrearty Jnr said his lawyers were entitled to have their costs paid for by the State.

“The bottom line is we won’t be back so they won’t have to bother with costs for us again,” Mr McBrearty said.

“We have not been granted equality in the same way as the Garda Commissioner or the Minister for Justice.”

Four gardaí against whom findings were made also had some of their costs covered.

James McDwyer who was transferred from Donegal to Dublin last week had 75% of his bills covered in light of the findings made against him.

“The tribunal has decided that Garda McDwyer did not give a truthful account of the response of the gardaí in Lifford to the call in respect of road traffic accident in Raphoe,” Judge Morris ruled.

It emerged at the tribunal that he took a break from duty instead of answering an emergency call the night Richie Barron was killed.

And Sergeant John White, branded a liar by the tribunal, was awarded 60% of his costs.

Judge Morris noted two instances when he gave untruthful information to the inquiry.

The Judge stated, “In all the circumstances the tribunal, for the purposes of this application, regards Det Sgt White’s behaviour as a failure to cooperate with the tribunal and the furnishing of false information to the tribunal“.

A partial order for costs was made for two former Raphoe gardai. John O’Dowd and Padraig Mulligan were sacked last December after it the extent of their negligent behaviour was uncovered by the tribunal.

The private investigator, Billy Flynn, who’s groundwork helped unearth some of the startling revelations the tribunal has been probing, had his costs covered.

And the Association of Garda Sergeants and Inspectors was also granted payment for the work it has done with the inquiry.