Gardaí tell of after-hours drinking

A Garda inspection of the nightclub belonging to Frank McBrearty snr in July 1998 led the Raphoe publican to instruct his solicitor…

A Garda inspection of the nightclub belonging to Frank McBrearty snr in July 1998 led the Raphoe publican to instruct his solicitor to write to the local superintendent asking if it marked a return to an "unacceptable level of policing" in the town.

In the letter, the solicitor said that his client might have to consider renewing an application for a High Court injunction stopping gardaí from attending his premises and consider approaching the national media.

Garda Patrick McCann told the Morris tribunal that on the night in question, July 5th 1998, he and Garda Shaun Barrett saw drink being served after hours in the Parting Glass nightclub in Raphoe.

He denied that he had heard Garda Barrett use bad language, as Mr McBrearty's son, Andy, alleges.

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Student gardaí Noreen Finnerty and Gerard Lawless also told the tribunal that they saw drink served after hours in the nightclub when they were sent undercover to the club in December 1997.

Mr Lawless said that shortly after 1am the shutters in the nightclub bar were closed when Sgt Sarah Hargadon arrived, but they were opened again after she left.

And he said that drink was still being served through a gap in the shutters at 2am when they left the premises.

Mr McBrearty snr claims that gardaí targeted his nightclub and tried to drive him out of business after his family became suspects in the botched murder investigation following the hit-and-run death of cattle-dealer Richie Barron.

He has admitted to the tribunal that drink was served after hours in his nightclub, but he says he was singled out and prosecuted by gardaí.

Garda Thomas Ward said it was "unusual" to check if meals were served during an inspection, as required by the licence extension. He had never done this before he was transferred to Raphoe, or since.