Tribunal adjourned after publican fails to show

Key witness Frank McBrearty jnr failed to return to give evidence at the Morris Tribunal today causing it to be adjourned.

The publican, who has walked out of the tribunal on several occasions, yesterday made a dramatic exit during his cross-examination claiming he was going to go to the High Court to vindicate his rights.

During the past few days, Tribunal Chairman Justice Frederick Morris has urged Mr McBrearty jnr to control himself on several occasions after he used foul language in the witness box, abused counsel, gestured and shouted.

Mr Morris yesterday gave Mr McBrearty jnr a further chance to return to continue his cross-examination.

But he said the options open to him now were seeking the assistance to the High Court to ensure Mr McBrearty jnr returns as a witness, or referring his behaviour to the High Court.

The retired High Court president yesterday said he would not make an immediate decision after Mr McBrearty jnr left the witness box in the hope he would return. However, he said if the publican failed to continue his evidence today he would have to consider the options.

Mr McBrearty jnr still faces cross-examination from counsel for former Det Sgt John White and former Gda John O’Dowd and the Garda Commissioner’s legal team on behalf of several officers.

A registrar today told the tribunal: “Frank McBrearty jnr mini-module is adjourned to Monday the 22nd of January, 2007 at 10.30am. The Frank McBrearty snr module continues tomorrow morning at 10.30am.”

The Morris Tribunal, which is investigating garda corruption in Donegal, is currently hearing claims some 12 people – many related to the McBrearty family - were interrogated, intimidated and abused during the botched death probe.

The tribunal has found all those detained were wrongfully arrested.

Gardai 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 1.5 million euro (£1m) 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.