Student gardaí sent undercover to nightclub, tribunal told

Student gardaí were sent undercover into a Donegal nightclub to expose breaches of the liquor licensing laws, the Morris Tribunal heard today.

Two former garda students said they were sent into Frank McBrearty Senior’s Raphoe club in December 1997 and found drink being served after hours following a uniformed garda inspection.

Gerard Lawless, now retired from the force, told Mr Justice Frederick Morris that while using student officers to perform such duties was “relatively new”, it was not a one-off event.

“One of the doormen entered the premises and physically shut one of the shutters himself,” he said.

“About two minutes after, Sergeant Hargadon and two uniformed gardaí entered the premises, stayed there for about five or 10 minutes and left the premises.

“Upon leaving, the shutters in the bar opened and the bar staff resumed selling intoxicating liquor,” he said.

A non-student garda, Patrick McCann, told the tribunal he also witnessed staff at Frankie’s Nightclub sell drink after hours.

During a uniformed garda inspection of the premises with a colleague in July 1998 the officers got into an altercation with Andy McBrearty, Frank Snr’s son.

Garda McCann said Andy was angered by the inspection.

The tribunal is investigating claims the McBreartys, their extended family, staff and business were the victims of garda harassment following the October 1996 killing of Raphoe cattle dealer Richie Barron.

Frank McBrearty Junior and his cousin Mark McConnell were wrongly suspected of the death.

It was later ruled an unsolved hit-and-run and the family cleared of any wrongdoing.

But the McBreartys claim gardaí targeted their licensed business for excessive inspections over the death probe.

Other licensed businesses in the area were not subject to the same scrutiny, the family argued.

More than 60 charges of liquor licensing breaches were brought against the McBreartys in the late 1990s, but all were withdrawn by the Director of Public Prosecutions (DPP) in 2000.