Retired Garda denies ordering crackdown on revellers

A retired Garda Superintendent today denied calling for a no-nonsense, get tough approach to weekend policing amid claims a publican was singled out by gardaí.

John Fitzgerald told the Morris Tribunal into Garda corruption he ordered officers in January 1997 to take a strict line on bar and nightclub owners and on drunk revellers.

But he denies his order was a crackdown.

Raphoe publican Frank McBrearty Senior claims he was harassed and intimidated by gardaí over several months that year and his business was on the verge of falling apart.

Dozens of charges of licensing law breaches were brought against him and dropped years later.

The tribunal heard a Garda operational note was sent out to sergeants across Donegal telling them licensing laws had to be strictly enforced in early 1997.

It also said the instruction was a simple "get tough" policy.

It stated: “The condition of the order will be strictly adhered to by all members and members of a supervisory rank have a special responsibility to see the terms of the order are carried out to the letter.”

The instruction was designed to bring order to towns like Raphoe and Letterkenny where busloads of young partygoers, mostly from the North, were accused of causing mayhem on Friday and Saturday nights.

The memo noted that public order is a primary concern and offenders will be charged. It said licensing laws will be strictly enforced, with special attention to discos.

“This is a simple get tough policy and no nonsense should be taken from anybody either on the public street or involved in the licensing trade,” the memo added.

Mr Fitzgerald said he made the initial order but did not call for a no-nonsense approach.

When the memo was produced in evidence at the tribunal, Mr Fitzgerald said: “I haven’t seen that before.

“This is simply a get tough policy … that would not be my language, I would never say this is a get tough policy that’s the only part that looks out at me,” he said.

“Having said that I consciously made out that order and I would hope that it would be adhered to.”

However, Mr Fitzgerald said he would expect his officers to use discretion when policing.

Mr Fitzgerald retired from the force after 40 years service. He was one of four superintendents found at fault by the tribunal over the botched investigation into the unsolved death of cattle dealer Richie Barron in Raphoe in October 1996.

Tribunal counsel Anthony Barr SC asked the retired officer if the order was a crackdown.

“When you say crackdown I’m quite sure I would have put that it would be more strictly adhered,” Mr Fitzgerald said.

“Maybe it would be a New Year, it’s a New Year a new broom as it was referred to or something to that effect, and that it is that we will toughen up on this or tighten up on this. It has to be done from time to time.”