Nightclub inspections excessive: Former Garda

A former Garda officer today admitted the force was excessive in its inspections of Donegal nightclub owner Frank McBrearty’s premises.

John O'Dowd, who was sacked from the force, said he didn’t think the pressure officers put on the Raphoe publican during the 1990s was necessary.

The ex-garda told the Morris Tribunal that he wanted to clear up a number of matters for the record about the alleged intimidation of Mr McBrearty.

“Number one, we were in there [the nightclub] too often. Number two, the length of time we spent on the premises was excessive,” he said.

“Number three, I don’t believe the regime we enforced was necessary to enforce the liquor licensing laws properly.

“Number four, there was a focus on Frank McBrearty’s premises and it doesn’t appear he was treated the same as other nightclubs in Donegal.”

Mr O'Dowd also conceded there was an unusual focus put on the requirement to serve food for a late drinking licence that may have been another way of putting pressure on the publican.

Tribunal chairman Frederick Morris said he would need time to think about the admissions and that they might lead to other questions at the hearings.

Mr O'Dowd, an ex-colleague of fallen detective John White, earlier backed his claims that he was threatened by Mr McBrearty at an early morning vehicle checkpoint in Raphoe.

Mr White has testified that when he stopped Mr McBrearty, who had his young daughter in the car with him, he began revving his engine and became abusive.

“I heard this shouting going on, just across at the tree, and the revving in the car,” Mr O'Dowd told the tribunal.

“He [Mr McBrearty] was going on about, ’we’re no murdering bastards’.

“He was very loud now.

“He made some comments to Sgt White that he would get him, something like that, that he wouldn’t be the last man to die in Raphoe, comments like that.”

The alleged incident happened on May 10, 1997, a month after Mr McBrearty had begun High Court proceedings against gardai for inspecting his premises with “unprecedented regularity.”

Mr O'Dowd said: “So it was a pretty strife-ridden encounter.”