Garda unaware of suspect's health fears, tribunal told

A garda superintendent was unaware a doctor had warned against interrogating a Donegal publican until after he had spent almost two hours questioning him, the Morris Tribunal heard today.

Superintendent John Fitzgerald, now retired, and Inspector John McGinley interviewed Frank McBrearty Sr late on the evening of December 12, 1996, for around an hour and a half after he was taken in for questioning on suspicion of interfering with witnesses.

Mr Fitzgerald said it was only when they were discussing Mr McBrearty Sr’s request not to be placed in a cell that he was informed a consultant had written a note stating it would be better for the publican not to be interrogated.

“Naturally this (request) would be unusual. I suppose I would have sort of looked at John to see what his reaction would be and John said the consultant said it would be better for him not to be interrogated,” Mr Fitzgerald said.

Anthony Barr, tribunal counsel, queried: “Were you taken aback by mention of a consultant because you hadn’t seen any letter or heard any mention of a consultant at that point?”

“I was. I got a bit of a gunk (shock),” he said.

Mr Fitzgerald, who had interviewed the publican for an hour and a half, said: “The consultant’s note was that it would be better if Frankie wasn’t interrogated.”

He added: “John (McGinley) said to the effect that Silvie (Henry) got a report from the consultant. He came to Joe (Shelley) and I…and he said that Frankie wanted to be interviewed. I think that is the general gist of it.

“They came to the decision that it was okay to go ahead. At that stage I didn’t intervene because they had made that decision. Maybe I should have, but I am talking now in hindsight.”

Mr McBrearty Sr was arrested on December 5, 1996, under section 30 of the Offences Against the State Act by officers investigating the death of Mr Barron.

The nightclub owner had a history of high blood pressure and he was admitted to hospital on the night of his arrest as a doctor feared he might have a stroke in custody.

His son, Frank McBrearty Jr, and nephew were also arrested as prime suspects in the murder case, but it was later found that Mr Barron died in a hit-and-run collision and the family were completely innocent of any involvement in his death.

The tribunal heard Mr McBrearty Sr was admitted to Letterkenny Hospital for a second time on December 13, 2006, while in Garda custody.

He was kept in custody with two detectives monitoring him constantly until he was sent to Dublin’s Beaumont Hospital on December 19 and released from there.

“I would have thought that getting back into hospital on the 13th, I don’t mean to say a scam but we will put it that way for the want of something better to say, but when he was sent to the Beaumont I felt that this now is a different scenario, that they sent him for medical reasons,” Mr Fitzgerald said.

He said the decision was then made to release him.