Morris Tribunal told police focus was on public order

The former top garda in Donegal today claimed he was not concerned with licensing breaches at a nightclub whose owners allege they suffered orchestrated police harassment.

Even though the McBrearty family, who ran Frankie’s of Raphoe, faced more than 100 charges in the late 1990s, retired Chief Superintendent Denis Fitzpatrick told the Morris Tribunal his focus was on public order.

Some 69 liquor licensing charges were brought against the publicans.

But the Director of Public Prosecutions withdrew all the charges in July 2000.

But Mr Fitzpatrick, who took early retirement in 2004 amid findings of negligence by the tribunal, said after-hours drinking and licensing breaches were not the biggest problems in Raphoe.

“I don’t remember that being a problem specifically,” he said.

“I don’t remember his (Frankie’s) being mentioned where there was after hours drinking taking place, but I was aware of the public order incidents.”

The tribunal is investigating claims the McBrearty’s, and their nightclub business, were the victim of orchestrated harassment and intimidation by gardaí.

It has heard bus loads of young drinkers descended on the town on Friday nights in 1997 after the McBrearty’s open a cheap night in the club.

Entry to Frankie’s was only £1 (€1.40) and alcohol was served for as little as £1(€1.40) a time.

The ex-officer said drink-fuelled trouble on the streets was more of an issue than licensing breaches, and he said it was a similar pattern across the county.

“Generally what I wanted was a bit of peacefulness, normality in these towns,” he added.

Shamed ex-detective John White was transferred to Raphoe in January 1997. He headed up scores of investigations to tackle licensing issues in the town.

Tribunal lawyer Paul McDermott SC asked Mr Fitzpatrick if policing needed a sensitive hand.

“Definitely I did not give it that … I would not have gone through it as meticulously as you have,” he said.

“I cannot remember dwelling on it.”

Local gardaí had asked for extra manpower to deal with drink fuelled trouble at Frankie’s.

Mr Fitzpatrick said the problem stemmed from bus loads of young drinkers arriving in the town from Northern Ireland. He suggested the border appeared to give people the licence to wreak havoc.