Furious McBrearty demands gardaí leave tribunal chamber

A Donegal publican refused to answer questions before the Morris Tribunal today until a number of gardaí he accused of mistreating him in custody were removed from the room.

The tribunal heard heated exchanges as Frank McBrearty Jnr returned to be cross-examined after walking out of sittings in Donegal town last October.

Mr McBrearty jnr said he could not concentrate in the presence of a number of Dublin-based gardaí who were involved in interviewing him on December 4, 1996 over the death of Raphoe cattle dealer Richie Barron.

“You are not cross-examining me until they leave the room,” Mr McBrearty told Michael Cush SC barrister for four officers – Insp Eamon O’Grady, Det Sgt Gerard McGrath, retired Det Sgt John Melody as well as retired Donegal Det Sgt Hugh Smith.

“I can’t concentrate with them. I won’t be responsible for what I’ll do to them if they don’t leave the room.”

After an intervention by tribunal chairman Justice Frederick Morris, Mr Cush said his clients would leave the room and view the tribunal sitting through a television link.

The tribunal heard upon Mr McBrearty’s arrival at the garda station on December 4, 1996 he was interviewed by Insp Eamon O’Grady and Det Sgt Gerard McGrath.

Mr Cush said his clients would say Mr McBrearty jnr was in an extremely distressed and volatile state during his arrest and shouted abuse at gardaí.

Further clashes erupted after Mr McBrearty jnr refused to answer questions relating to his arrest in February 1997 in relation to an alleged assault on a man.

“I was acquitted in a court of law by my peers that I was found not guilty, so I would like to know what your accusation is about why you asked me that question,” Mr McBrearty said.

Mr Morris said: “Would you put the question to Mr McBrearty again? I am going to tell Mr McBrearty the consequences of his failure to answer.”

Mr McBrearty, who was gesturing and shouting in the witness box, said: “Don’t threaten me again Mr Morris. I am telling you now, don’t threaten me.”

“Because I have had enough threats over the past 10 years of this country. And I am not taking any more from this country.

“Now if you get on with the fourth of December 1996, I’ll answer all the questions you want - but I won’t answer any questions from you Mr Cush dealing with an arrest that has nothing whatsoever to do with his clients.”

Repeating his query, Mr Cush said it related to Mr McBrearty expressing an intention to injure himself in custody and blame it on gardaí.

After repeatedly asking Mr McBrearty Jnr to let him speak, the retired High Court President requested the witness’s microphone be turned off.

“On previous occasions where this sort of thing has happened I have decided that the best thing to do would be to rise for a moment to see if the witness can see sense, can see his obligations to answer the questions,” he said, rising for a number of minutes before adjourning the tribunal for a lunch break.

Gardaí believed Mr McBrearty Jnr and his cousin Mark McConnell had killed Raphoe cattle dealer Richie Barron after his body was discovered at the roadside in the early hours of the morning.

However, it was later ruled Mr Barron was the victim of a hit-and-run rather than assault. No-one has ever been charged in relation to his death on October 14, 1996.