Tribunal witnesses may face legal bill over venue switch

Key witnesses who forced the adjournment of the Morris Tribunal for two days running may have to foot the bill for bringing the Garda corruption probe to Donegal, the judge leading the inquiry said today.

Mr Justice Morris’ warning came after Frank McBrearty Sr said he could not give evidence because his business had been flooded twice in the past month.

His son, also Frank, walked out of the hearing into alleged police abuse and intimidation of the family yesterday after refusing to be cross-examined by lawyers for police.

Mr Justice Morris said: “Who is to pay for all of this? Is it fair to be asking the taxpayer to be waltzing around shelling out money?

“I am going to have to consider and hear submissions as to whether or not the costs of bringing the tribunal down here to Donegal town should not be paid by somebody other than the state.”

Mr McBrearty Sr was due to give evidence about alleged police harassment of his public house and his wrongful arrest on December 5, 1996, in connection with the death of cattle dealer Richie Barron in October of that year.

He was never charged with any offence despite being kept in custody for 14 days and had to be hospitalised during his ordeal.

His son was also wrongly arrested and alleges he was beaten up, accused of hitting Mr Barron with an iron bar and told he would be imprisoned for 20 years. Mr Barron was later found to be the victim of a road accident.

Mr Justice Morris adjourned today’s hearing until November 20 and said there was a danger of proceedings not being taken seriously.

“I suppose critics might say that there comes a stage where a firm line has to be taken.

"There comes a stage at which critics will say that the tribunal is being put upon and that nobody is taking it seriously and I am conscious of that, something which I would wish very strenuously to avoid,” he said.

“On the other hand, Mr McBrearty Sr is another of the people who have had a distressing time as a result of this unfortunate incident.

“I am conscious that the last thing that the tribunal wants to do is to add to his woes.”

He warned that if the witness refused to answer questions from legal representatives of gardaí he would ask the High Court to force Mr McBrearty’s co-operation.

He said he was giving him a “last chance” to co-operate with the inquiry when he appears in Dublin next month.

Mr McBrearty told the judge: “I am not giving you any assurance. I told you I would be in Dublin on November 20. I am not giving an assurance until I speak to my legal team.

“On September 24 of this year we had a very serious flood in our premises and it took me four weeks to gut out the premises.

“On the last night I was up until 3am. There was very serious water in our premises.

“I was so distressed with what happened with my premises I was not able to think straight.”

He was awarded legal costs by the inquiry but despite this was not legally represented today.