McBrearty says he is 'penniless'

Donegal publican Frank McBrearty Snr told the Morris Tribunal today that he was a millionaire before he became wrongly arrested…

Donegal publican Frank McBrearty Snr told the Morris Tribunal today that he was a millionaire before he became wrongly arrested and victimised by gardaí.

Mr McBrearty Snr said he is now penniless because he dedicated his time and resources to restoring his reputation and highlighting corruption in the Donegal Division of the Garda.

He hired a private investigator after his son, Frank Jnr, and nephew Mark McConnell, were accused of killing local cattle dealer Richie Barron.

It was later found Mr Barron was the victim of a hit-and-run. No-one has ever been charged with his death.

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Mr McBrearty has since fought tirelessly to highlight a catalogue of abuse and interrogation he alleges his family suffered in custody, and victimisation in subsequent years. He is currently taking High Court action against the State.

On the second day of cross-examination before the tribunal, Mr McBrearty said gardai dug a "terrible hole" arresting 12 innocent people in relation to the death.

"They dug on and on and I dug after them," he said. "I'm nearly penniless, I haven't hardly a penny left, not a penny left.

"I was a millionaire, haven't a penny left, and I would do it all again. Every single thing I would do again, for my family and staff."

Mr McBrearty Snr was arrested on December 5th, 1996, accused of intimidating witnesses in relation to the investigation. He claims he was verbally abused during his interrogation at Letterkenny Garda Station.

Information he gave to the tribunal today was similar to Garda records from that day, but he told tribunal Mr Justice Frederick Morris he could not remember what he said 10 years ago.

He also denied that any notes were taken during the interview, but later acknowledged that his signature did appear on notes in possession of the tribunal.

Mr McBrearty alleges retired Supt John Fitzgerald and Det Insp John McGinley taped his interview and later wrote up answers. He also maintained he was asked to sign a blank sheet of paper by Det Insp McGinley, but evidence shows the first time he ever complained about it was to his lawyer the following year.

"I'm not 100 per cent sure what went on in those barracks 10 years ago. I was taped in that barracks. I have always said I never seen John Fitzgerald or John McGinley writing down.

"When I started thinking about it at home, he taped me in the pub. So he taped me in the barracks afterwards.

"These notes were never taken down in my presence, never. Why else were people asked to sign white pieces of paper."

Gardai deny the allegations.

In the years following the murder investigation, the McBrearty family was served with 160 summons by gardai for breaching licensing laws, driving offences, and public order offences. All were later dropped by the Director of Public Prosecutions.

Mr McBrearty Snr told the tribunal a number of retired gardai helped him to gather evidence of victimisation and corruption against the force.

He said his son, Frank Jnr, had been badly affected by the events, had suffered with depression and was twice was taken to a nearby psychiatric ward.

"He was very, very ill," said Mr McBrearty. "Thank god I never had to take a tablet for that, I was quite strong in that way."

The publican said that in the past he always respected and believed in gardai, but he slammed the justice system claiming judges sided with members of the force.

"Judges unfortunately in this country seem to believe the guards' versions of events because they work for the State," he said.

"And I find that the people up in the courts, some of them guilty, some of them innocent, are at very bad disadvantage because of that.

"They would say well, if the guard is in the witness box and he takes the Bible in his hand he will not tell lies. But see, I don't believe that anymore.

"I believe they perjure themselves week after week and day after day, not the whole of the guards now but some of them."