Morris 'fed up' with McBrearty complaints on legal costs

Morris tribunal: Tribunal chairman Mr Justice Frederick Morris has told Donegal publican Mr Frank McBrearty snr that he is "…

Morris tribunal:Tribunal chairman Mr Justice Frederick Morris has told Donegal publican Mr Frank McBrearty snr that he is "fed up" listening to complaints about his legal costs.

The chairman made the remarks after Mr McBrearty snr again complained that he appeared before the tribunal without legal representatives, while Garda witnesses were represented by the Commissioner.

The chairman said the High Court had found he had no power to award costs in advance of his reports, and he had granted representation to the family.

"It's not fair that one after the other, various members of your family have . . . made various accusations about me, and they've said the most appalling defamatory things," the chairman said.

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"It's not fair on me, it's not fair on my reputation, it's not fair on my family for you to be saying that time and time and time again, and I'm fed up with it," Mr Justice Morris said. "And there comes a point when I won't put up with it any more. So just mind what you say from now on." The chairman then rose for a brief adjournment.

Earlier Mr McBrearty snr clashed with former superintendent John Fitzgerald who led the investigation that led to 12 arrests during the murder investigation launched following the hit-and-run death of Mr Richie Barron in 1996.

The tribunal has previously found that all those arrested were innocent of any involvement in the death of Mr Barron.

Mr McBrearty snr asked Mr Fitzgerald why he had taken with him a key document, purporting to be an admission from Frank McBrearty jnr relating to Mr Barron's death, on his transfer out of the Donegal division.

Mr McBrearty jnr denies he made a statement of admission in Garda custody.

Mr Fitzgerald said on December 4th, 1996, he placed a statement from Frank McBrearty jnr in his office safe in Letterkenny.

Two months later, he briefed incoming superintendent Kevin Lennon before leaving the district, and "took out the envelope in my safe, and I had the envelope in my hand to hand over to Kevin Lennon".

But he said Supt Lennon told him to "hold on to them, I know where to get them if I want them."