Retired garda recalls publican's 'confession'

A retired garda detective accused of securing a false confession from publican Frank McBrearty Junior today described the moment he confessed.

And suggesting he was the victim of a conspiracy, John Fitzpatrick claimed the Raphoe businessman had concocted a story about abuse at the hands of gardaí to distract from the admission.

During lengthy questioning at the Morris Tribunal, the former officer was asked to relay Mr McBrearty’s emotions when he admitted hitting cattle dealer Richie Barron with a lump of timber hours after a pub row.

Even though he recalled in detail the same episode less than two years ago to tribunal investigators, he stressed it happened over ten years ago and was difficult to remember.

After being continually pressed by inquiry lawyers, he revealed: “He [Mr McBrearty] was a little quieter, he had his head down and he was telling us.

“He just had his head down, he wasn’t in tears or anything like that, just [looking] down at the table.”

Later he said Mr McBrearty was calm, subdued and focused as he confessed.

In a separate statement during civil action taken by the McBrearty’s he described him as emotional.

There is a confession in garda records, but Mr McBrearty insists he has no idea where it came from.

It has been accepted by the tribunal that the statement is either a forgery or was obtained through deception or coercion.

Mr McBrearty is among 12 people who have alleged physical, verbal or mental abuse including the use of graphic photographs from the post mortem on Mr Barron in custody.

Only four gardaí have admitted such mistreatment.

Mr Fitzpatrick, one of several Dublin-based detectives brought to Donegal to help the botched investigation, denied ever showing Mr McBrearty the graphic autopsy pictures.

Suggesting a conspiracy, he claimed Mr McBrearty had not seen them until he was sitting in the witness box at the inquiry.

“My theory is that he had been told about the photographs, but he had not actually seen them, so it was a question of asking the chairman if you could show him the photographs and him saying yes that’s it,” he said.

“I can tell you straight up we wouldn’t do that. I have never shown photographs to anybody.”

Mr McBrearty was arrested the same day as his cousin’s wife, Roisin McConnell, and the pair were released within hours of each other.

Several gardaí have admitted at the tribunal showing her the horrific pictures while she was in custody.

The day after Mr McBrearty was released he went to his solicitor and gave a graphic description of the photos.

Mr Fitzpatrick was asked by tribunal lawyers if he believed Mrs McConnell had told Mr McBrearty about the photos and was part of a conspiracy.

“Yes that is correct, yes,” the former garda said.

Mr Fitzpatrick said when Mr McBrearty Jnr left the station he was agitated claiming: “He said he was going to get them back, get them all back. All I can say is that at no stage did I assault him or show him photographs.

“I had to listen to this through the press,” he added.