Publican admits signature in 'confession' is his

A Donegal publican accepted his signature appears on the second page of a statement purporting to be a confession to the assault of cattle dealer Richie Barron, the Morris Tribunal heard today.

Frank McBrearty Jnr told the tribunal he believed gardai fabricated the confession after he signed a statement saying his father would not bribe witnesses on his behalf.

“I was defending my father because the gardaí were saying my father had intimidated witnesses,” Mr McBrearty Jnr, who clashed with counsel and the chairman on several occasions, said.

“I signed a statement with the words to that effect on it but I did not sign a confession. If you look at the confession page one incriminates me, and page two defends my father.”

Mr McBrearty Jnr said in order to plant the alleged confession on him gardaí practiced cramming the information into page one of the statement which was unsigned.

The publican said: “My belief is the second page with my signature on it has been proven to be my signature and I said I would accept it was my signature when it was proven but what I don’t accept chairman is page one of that statement was not written in my presence.”

He said: “This is where the expert says the statement was written on two different surfaces. They went away after practising all day cramming in the first page of the statement, they went away after they got my signature on page two.”

He added: “That is how they fabricated a statement of confession against me.”

A number of handwriting experts have told the tribunal the signature on the second page of the confession is as a matter of probability Mr McBrearty’s.

Justice Morris queried whether Mr McBrearty had any evidence to support his theory. Mr McBrearty said he did not see them doing it but was adamant he did not sign a confession.

George Bermingham SC, who represents a number of Dublin-based gardaí who questioned Mr McBrearty over a decade ago in relation to the death, said he was asked to initial the first page of the statement but refused.

Mr McBrearty Jnr said that was untrue.

The publican said the slapping of his ears and the shoving of his head into graphic post-mortem photographs whilst in garda custody had proved the most traumatic for him.

“The most serious aspect for me now is the slapping in the ears has caused me to have a nervous problem, with numerous ear infections, they perforated my own ear drums,” he said.

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.

The publican received record compensation of €1.5m and an apology from the Government in an out-of-court settlement of a civil claim. He was awarded the damages for malicious prosecution, wrongful arrest, false arrest and breaches of constitutional rights.