Morris Tribunal: Senior gardaí ignored health fears

A number of senior gardaí were aware a consultant had warned against the continued interrogation of a Donegal nightclub owner but continued to detain him, the Morris Tribunal heard today.

Former Supt Joe Shelly said Supt John Fitzgerald, Insp John McGinley and Det Sgt Silvie Henry were present at a meeting around 7pm on December 12, 1996 where a letter from a hospital consultant on the detention of Frank McBrearty Snr was discussed.

Mr McBrearty Snr was arrested on December 5, 1996 on suspicion of interfering with witnesses by officers investigating the death of cattle dealer Richie 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 at Letterkenny Garda Station.

It was later found the McBrearty family were completely innocent of any involvement in Mr Barron’s death.

Upon Mr McBrearty Snr’s release from hospital on December 12, 1996, he was taken back to the garda station for further questioning.

The tribunal heard a hospital consultant had written a note stating it would be better for the publican not to be interrogated.

During a meeting around 7pm on December 12 after Mr McBrearty was already back at the station, Mr Shelly said Sgt Henry showed the officers a copy of the letter from the consultant.

“It basically stated that it wouldn’t be in his best interests if Frank McBrearty was interviewed,” he said. “Everybody was clear as to the contents of the letter.”

The tribunal has heard Supt John Fitzgerald, now retired, and Insp John McGinley interviewed Frank McBrearty Snr later on the evening of December 12, 1996 for around an hour and a half.

In contradiction to Mr Shelly’s evidence, Supt Fitzgerald has already told the tribunal he was not present at the meeting and only became aware of the letter after he had interrogated him for an hour and a half.

Mr Shelly said he believed Mr McBrearty Snr had no issues with being interviewed.

“I believe we were told he had visits from both family members and I think from his solicitor as well. Those were the background circumstances of it chairman, right throughout the meeting it was certainly clear to me that Mr McBrearty wanted to clear his name and the good name of his family,” he said.

“And that in those circumstances, we looked at the letter and what the letter said. It was also very clear chairman, and I think this is important in the whole aspect of it at no stage did it say firstly that Mr McBrearty should not be further detained and at no stage did it say he should not be questioned under any circumstances.”

The consultant’s letter stated any stress would exacerbate Mr McBrearty Snr’s heart condition. Mr Shelly admitted he would be under some stress from the fact he was in custody in a garda station.

“Had it said this person should not be further detained or should not under any circumstances be further interviewed, that would be the end of the matter,” he said. “I honestly took it that the letter so to speak left the door open for us in the circumstances. Whether I was right or wrong in forming that opinion is to be decided.”

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