Businesses not obliged to evacuate for bomb scares, tribunal told

Business owners are not committing a criminal offence if they refuse to evacuate their premises during a bomb scare, it emerged today.

Detective Superintendent Brendan Cloonan, who specialises in handling bomb threats, told the Morris Tribunal officers can forcibly remove people from the danger area for their own safety.

But he added there was no legislation to deal with business owners and management who refuse to co-operate, branding such a situation unimaginable.

The tribunal has heard claims from certain Donegal gardaí that during a series of bomb scares at the McBrearty’s Raphoe nightclub in the late 1990s, the family refused to co-operate with officers in evacuating the premises.

“By my knowledge there is no offence for refusal to co-operate,” Det Supt Cloonan said.

The senior garda, now assigned to the crime and security section at Garda Headquarters, said he had never come across a property owner who refused to clear his premises after a warning was received.

“The owner and the management have a responsibility also to the protection of life and to me it would be unimaginable that they wouldn’t assist you in that process,” he said.

“I have never experienced it that people didn’t co-operate with us.

“To introduce legislation to force people to do it, one would feel that you don’t need such legislation as you should be doing it in the first place if they are taking advice from An Garda Siochana.”

The tribunal is investigating claims the McBreartys, their extended family, business and staff were the victims of orchestrated 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 Frank McBrearty Senior said gardaí targeted the family to place pressure on them over the unsolved killing.

Eleven hoax bomb warnings were received at the club in the year following the death.

While gardaí said they tried to evacuate and received no co-operation, staff at the business said officers acted unprofessionally by searching for suspect packages without first clearing the club.

Det Supt Cloonan said gardaí at that time were instructed to always evacuate.

“We would treat bomb threats as bona fide,” he said.

“To treat them otherwise would be extremely dangerous.

“The instructions at that time were to evacuate and then carry out a search.”