McBreartys' offer to suspend civil actions fails to move Government

The Government has said it cannot open a public inquiry into allegations of serious Garda misconduct in Co Donegal, despite an offer by the McBrearty family to freeze all civil proceedings.

Fine Gael, Labour and the Greens will back a Dβil motion this week urging the Minister for Justice, Mr O'Donoghue, immediately to open a tribunal into the affair.

Following the death of Mr Richie Barron outside Raphoe, Co Donegal, in 1996, the garda∅ initially targeted Mr Frank McBrearty jnr, the son of a well-known publican in the area, as a suspect.

No charges were ever brought. Hundreds of summonses were issued for other offences against the McBreartys, although these were later withdrawn in court.

The McBrearty family and others who have been brought into the affair have launched civil proceedings alleging they have been the victims of sustained harassment by Donegal-based garda∅.

Mr McBrearty snr and jnr yesterday appeared at a press conference called by the three Opposition parties to highlight their call for action by the Minister.

The family's solicitor, Mr Ken Smyth, said they were "good people" who had held both the Garda and the institutions of the State in the highest regard.

"That faith has been severely tested by what has happened to them. However, each of them continues to have faith in the judicial process and in the intrinsic propriety of the organs of State," he said.

Later, he added: "Such is their belief in the need for such a process to shine a light on the unprecedented events in Donegal that they are prepared to hold their civil proceedings in abeyance pending a tribunal's findings."

The Department of Justice rejected the offer because a tribunal would prejudice five criminal cases currently being prepared by the DPP.

A barrister, Mr Shane Murphy, has been asked independently to review all the papers held by all the parties about all aspects of Mr Barron's death and subsequent events.

"All papers mean all papers," said a Department of Justice official. "The Minister wants to establish the full circumstances. He has told the Oireachtas that on many occasions."

However, the Opposition's patience has worn thin. Numerous Garda investigations into the affair have produced no result, said Fine Gael justice spokesman, Mr Alan Shatter.

He insisted a tribunal could carry out its work in parallel with any criminal, or civil investigations without prejudicing ongoing cases.

This has happened in the past, he said.

Public confidence in the Garda S∅ochβna has been badly damaged, argued Labour's deputy leader, Mr Brendan Howlin, who warned that written evidence remains "vulnerable" until a tribunal is created.

"It is quite clear to me that John O'Donoghue wants this thing pushed under the carpet until after the next general election. That is the conclusion to which I must come," he charged.

A Green TD, Mr John Gormley, paid tribute to the work of the Garda but warned he was now convinced there would have to be a public inquiry into the case "at some stage".

"I have enormous respect for the Garda. They have worked extremely hard. But allegations of this sort have to be fully investigated if civil liberties are to be protected," he said.

Mr Shatter criticised the Minister for his failure to reveal until last week that the Garda had sought the exhumation of Mr Barron's body in 1997, only then to change its mind within days.

The barrister's review will achieve nothing, said the Opposition TDs. All of the papers that will be available to Mr Murphy are, or should be, available to the Minister, they said.

Mr Murphy was nominated for the post following a discussion yesterday between the Minister and the chairman of the Bar Council, Mr Rory Brady.

He has acted as counsel for the Criminal Assets Bureau since 1996.

He acted for the Guildford Four and the Birmingham Six in libel cases they took against Irish publications.