Gardaí used licensing laws to 'harass' publican, tribunal told

Gardaí in Donegal used licensing laws to harass a publican, a solicitor claimed today.

Ken Smyth, who acted for Frank McBrearty Snr, told the Morris Tribunal his client received scores of summons in one years, compared to just five in the previous 20 years.

He said garda inspections at Mr McBrearty’s, The Parting Glass in Raphoe, had ’stepped into the realms of harassment’ in 1997.

Mr Smyth said his client felt the campaign against him was payback for whistle-blowing against a garda sergeant several years previously over alleged activities. The officer subsequently retired from the force.

Mr Smyth said it was a normal occurrence to have up to four gardai dressed in florescent jackets inside the nightspot as revellers tried to dance and enjoy themselves, while more set up checkpoints outside.

In April 1997, his firm began legal proceedings for harassment against the state.

However, in July that year Mr McBrearty Snr dropped High Court action when a ceasefire was made with a local sergeant that inspections at the nightclub would decrease to just one a night.

“We were happy to withdraw our motion on that understanding,” said Mr Smyth.

“Not only did the roadblocks disappear effectively but the attendances of the Garda stopped for a few months.”

However, in September 1997, multiple summonses were again served against the McBrearty family, causing concern for the publican over the future of his business.

“He was very worried about that,” said Mr Smyth. “His licence renewal had been adjourned to November [from September] and he was very very worried about his future.

“What we thought we had achieved in July in the High Court in relation to the harassment injunction, well it had gone away, and now they were attacking us even worse than before.”

The tribunal is dealing with allegations of garda harassment made by the extended McBrearty family following a botched death probe, and effectiveness of the Garda Complaints Board in dealing with the complaints of the McBrearty family and others between 1997 and 2001.

Mr McBrearty Snr maintains the harassment began after October 1996, when gardaí suspected his son Frank McBrearty Jnr and his nephew Mark McConnell had killed local cattle dealer Richie Barron.

It was later ruled he was the victim of a hit-and-run. No-one has ever been charged in relation to his death.

In the following 18 month period, 69 summonses were served against the licensee.

The district court summonses – the majority served on the publican in relation to the Parting Glass night club – were withdrawn in July 2000 on direction of the DPP.

Other harassment claims include charges brought for alleged traffic offences, and the distribution of defamatory leaflets and business cards, and painting of defamatory slogans on public roads near the homes of the two accused.