Solicitor laughed when making abuse allegation, tribunal told

A former garda today claimed a solicitor laughed while making an allegation of brutality on behalf of his client.

Donegal man Frank McBrearty Junior maintains he was assaulted in Letterkenny Garda Station almost 10 years ago.

The Morris Tribunal is investigating an allegation that disgraced ex-garda John O'Dowd slammed his face into a desk during interrogation.

Mr McBrearty Jnr - who was previously wrongly arrested as prime suspect in a botched murder case - was again arrested in February 4, 1997, for an alleged assault on a nightclub customer.

He was later acquitted of the charge.

Martin Leonard - who was dismissed from the gardaí last year - told the tribunal that Mr McBrearty's then solicitor James Sweeney held a meeting with his client in the station on the day of the alleged assault.

"He came back up to me, the solicitor, and he said he was making a complaint on behalf of his client," said Mr Leonard. "We laughed, I laughed, we laughed together at that."

"I felt that poor Mr Sweeney was embarrassed putting the allegation. Because he said to me: 'On the instructions of my client.' And of course I understand that ... it's not him personally making the complaint."

Solicitor Conor Connelly, acting for Mr O'Dowd, said Mr McBrearty Jnr has admitted he hit himself around the face with his fists during questioning but maintained his head was banged off a desk by Mr O'Dowd.

He asked Mr Leonard: "You believe that he (Mr Sweeney) prefaced the allegation with that phrase 'on the instructions of my client' so that you would know that he didn't believe that John O'Dowd had actually assaulted (Frank McBrearty Jnr)?"

Mr Leonard replied: "Absolutely. Without a shadow of a doubt."