Shamed Garda 'became hate figure', tribunal told

A garda sergeant became a hate figure for a Donegal publican who destroyed his reputation and career, it was claimed today.

Lawyers for disgraced officer John White said a campaign led by Frank McBrearty Snr resulted in every aspect of the officer’s policing work being scrutinised and his wrongful dismissal.

After sitting for 686 days, the Morris Tribunal concluded today with written closing submissions on the harassment module handed in.

In it, White’s legal team launched a scathing attack against the pub owner, claiming that in the weeks and months after his arrival in Raphoe in January 1997 the sergeant encountered intense hostility and vilification.

“The campaign conducted by Frank McBrearty against Sgt White achieved the objective of destroying John White’s reputation, resulted in every aspect of his policing work during his entire career being subjected to the most intense scrutiny and led to the establishment of a tribunal of inquiry some of which terms of reference were directed at investigating his personal conduct,” said Mairead Carey BL and Cormac O Dulachain SC.

“It led to the tribunal itself coming to erroneous findings against John White and was to lead to his wrongful dismissal from the Garda Síochana.

“It was to cause him huge personal distress and illness and to impact on the health and welfare of his family.”

The nightclub boss maintains gardaí, principally led by White, launched a campaign of harassment against him, his family, business and employees after the death of a local cattle dealer in 1996.

Gardaí wrongly suspected Frank McBrearty Jnr and his cousin Mark McConnell had murdered Richie Barron and as a result 12 people – many members of the extended McBrearty family – were arrested accused of aiding the pair.

It was later ruled he was the victim of a hit-and-run.

White was transferred to Raphoe in January 1997 – just three months after Mr Barron died.

He and other officers have denied the allegations of harassment, insisting they were only enforcing strict licensing laws.

Although sacked from the force last year after he was criticised in three Morris Tribunal reports, White has been acquitted of all criminal charges.

“The central plank of Mr McBrearty’s campaign was to link Sgt White’s policing duties in Raphoe with what he was to claim was a campaign of Garda authorities to single him out, target his business interests, and generally harass him and his associates,” continued the former officer’s legal team.

“Effectively the allegation of harassment was to be used as a shield to insulate Mr McBrearty from the normal obligations attaching to any citizen to obey the law.

“The tribunal will have to be particularly conscious that Sgt White became a hate figure for McBrearty and his entourage,” they added.

Mr McBrearty gave evidence against members of the force during the summer, but refused to return to the Tribunal to be cross-examined over his allegations.

In October, the publican was awarded almost €4.5m for cases brought by himself and his company against the state before the High Court.

White’s lawyers added the Tribunal will have to report that any allegation made by or on behalf of Mr McBrearty Snr has not been established by reason of his refusal to attend the tribunal – to complete his testimony or for cross-examination.

They added it has deprived everyone the subject of an allegation made by him of the right to challenge and test his evidence.