Tribunal told of 'personality clashes'

There were personality clashes between a Donegal publican and gardaí who were later accused of mounting a campaign of harassment, it was claimed today.

Former garda Padraig Mulligan told the Morris Tribunal that although he had good relations with Frank McBrearty Snr, some men did not get on with him.

Mr Mulligan said it was difficult to enforce licensing laws in Raphoe in 1996 because the station did not have the man power.

He said inspections at Mr McBrearty’s pub and nightclub increased with the arrival of extra members in 1997 and after an order from the divisional commander to tackle public order and licensing issues in the town.

“There was a problem with licensing laws in Raphoe,” he said.

“The problem was there wasn’t enough inspections because we hadn’t enough men at the time.

“It was a very busy town and a busy centre with a lot of people coming to it from all over the country.”

Mr Mulligan said that up to then his relations with Mr McBrearty Snr were very good.

“Some men didn’t get on with him at the time,” he continued.

“I got on OK with him.

“There might have been personality clashes.”

Mr McBrearty Snr – who failed to turn up at the tribunal today despite being listed to resume giving evidence – maintains gardaí launched a campaign of harassment against him, his family, business and staff following a botched death probe.

Gardaí accused Mr McBrearty’s son, Frank Jnr, and his cousin, Mark McConnell, for murdering local cattle dealer Richie Barron in October 1996. It was later ruled he was the victim of a hit-and-run.

Mr Mulligan, who had served in the force for 18 years, was heavily criticised in a previous report by Mr Justice Frederick Morris for being in a pub while on duty the night Mr Barron died. He was dismissed from the force almost three years after he failed to appeal a disciplinary hearing.

Today, the pair clashed numerous times as the former garda gave evidence to the inquiry, which is investigating garda corruption in Co Donegal.

When quizzed as to where a pub inspection book came from and why inspections increased, Mr Mulligan said it was impossible for him to remember.

“I’m long enough in this game to know if a witness is co-operating with me and when a witness is attempting to avoid answering questions,” said Mr Morris.

“I know when a witness is trying to help me and when a witness is doing his utmost to avoid being of assistance.

“I’ve seen hundreds and hundreds and hundreds of witnesses in my time.

“Now please give me the respect of telling me what you know about this and not telling me what you don’t know.”

Mr Mulligan said he was trying to help Mr Morris.

“I’ve no reason not to help you,” he replied. “I’ve no reason not to tell you anything I know.”