Suspect's assault claims unfounded, tribunal told

It is "inconceivable" that a suspect allegedly repeatedly assaulted by gardaí would not tell his family doctor, the Morris Tribunal heard today.

Senior Counsel Michael Cush, representing three gardaí, said allegations from Frank McBrearty Jnr that he was abused in custody in late December 1996 were unfounded.

He argued Mr McBrearty Jnr visited his doctor the day after his detention but yet never made any complaint of physical assault.

“It is simply inconceivable that a person aggrieved by his treatment by gardaí would not have used the opportunity to make those complaints to his doctor,” Mr Cush said.

On December 4, 1996, Frank McBrearty Jnr was arrested in connection with the unsolved death of cattle dealer Richie Barron.

He was questioned on suspicion of murder at Letterkenny Garda Station by a number of officers, including now retired Detective Sgt John Melody, Detective Sgt Gerry McGrath and Detective Insp. Eamon O’Grady.

The three were accused of physically assaulting Mr McBrearty Jnr during his period of detention.

Mr Cush today told the tribunal Mr McBrearty’s assault accusations were extensive and varied, and were of the utmost seriousness.

But he added the allegations could not stand up to scrutiny as Mr McBrearty’s recollection of events was riddled with inconsistencies.

“On five different occasions he [Mr McBrearty] confirmed that he was not the victim of any assault in the first half of his first interview,” Mr Cush said.

“There is a coherent and consistent series of statements that he [Mr McBrearty] was not assaulted by any of my clients prior to the visit of his solicitor.

“Yet you know Sir [Mr Justice Morris] that when his solicitor gave evidence, he gave clear evidence of a complaint of assault by the interrogating guards.”

Mr Cush added that Mr McBrearty Jnr’s doctor – Dr John McFeeley – had not been made aware of any complaint of physical assault.

“The entire allegation is untrue. It falls at the beginning and when you look at the end and the opportunity to complain to doctors it’s shady, and we ask you to so find,” Mr Cush said.

He added the accusations had caused considerable distress to both his clients and their families.