Gardaí continued interrogation despite publican's illness

Senior garda officers continued to interrogate a man wrongly arrested in a murder probe despite medical evidence confirming he was too sick to be detained, an inquiry heard today.

Donegal nightclub owner Frank McBrearty Senior’s doctor sent a report to gardaí advising them against further questioning him because of his heart condition.

He was arrested on December 5, 1996, during a botched investigation into the death of cattle dealer Richie Barron but was admitted to hospital later that day with a suspected heart attack.

Plain clothes officers stood guard at the hospital until he was released a week later and taken back into custody at Letterkenny Garda Station on December 12.

He was then detained and questioned until lunchtime the next day when he had to be re-admitted to hospital.

One of the senior officers in the case, Inspector John McGinley admitted seeing the medical advice advising against interrogation at the time, but insisted it was ambiguous.

The doctor’s report stated: “ … any stress would certainly exacerbate his [Mr McBrearty’s] condition and … it would not be in his best interest to be interrogated at this time.”

Inspector McGinley told the Morris Tribunal, which is investigating garda corruption and wrongdoing, that the suspect seemed eager to continue to clear his own name.

It was on that basis gardaí decided to continue with his interrogation, he insisted.