A "deep and nasty" plot was suggested by certain gardaí to make trouble for the McBrearty family of Raphoe, Co Donegal, a court was told yesterday.
The claim was made during the first day of the trial of Mr Bernard Conlon, of Carton Bay, Sligo, who is charged with making false statements to gardaí. The court was told the charges against Mr Conlon were connected to the McBrearty affair and an investigation into Garda conduct in Co Donegal. Mr Conlon is denying the charges.
In outlining the case against Mr Conlon, senior counsel for the State, Mr Paul O'Higgins, said it was not a simple case where gardaí were misled by a person making false charges. It was a case where some gardaí, not only participated in, but were the leaders and prime movers behind the plot which Mr Conlon lent himself to.
Mr O'Higgins said that in an effort "to buttress up a wider agenda against the McBreartys, a very much deeper and nastier plot was suggested by members of the Garda Síochána".
These gardaí suggested to Mr Conlon that he join in a plan to accuse certain individuals of serious crime. The prosecution case would be that the plot was "knowingly put into effect" by Mr Conlon.
Mr O'Higgins said the prosecution case was that Mr Conlon had made false statements alleging that an offence under the Non-Fatal Offences Against the Person Act was committed by another person. Mr Conlon had alleged that a threat was made to kill or cause serious harm to him and another person.
Mr Conlon is alleged to have made the false statements on three dates between July and December 1998 in Sligo and in Letterkenny.
Mr O'Higgins said Mr Conlon lived in Sligo but as a fan of country music often went to venues in different places and stayed overnight on Saturdays. One of the places he went to from time to time in 1997 was Frankie's in Raphoe, owned by Mr Frank McBrearty.
On one such occasion he took exception to the fact that he did not receive a meal which, under licensing laws at that time, was supposed to be included in the admission fee.
He went out of the premises and met two gardaí and made this complaint to them. One of them had "no love for the McBreartys".
Some weeks later a deal was agreed whereby Mr Conlon would go into Frankie's after closing time and order as much drink as he could and the premises would then be raided by gardaí. Mr Conlon was to make sure he had "a stack of drink" in front of him and he would then give evidence against the McBreartys.
During the raid Mr Conlon's name was taken and he subsequently made a statement designed to catch the McBreartys for a breach of licensing laws. Some months later Mr Conlon was summoned to appear at Letterkenny District Court.
Mr O'Higgins said it was at this point that matters became "sinister". In "an effort to buttress up a wider agenda against the McBreartys", Frank McBrearty snr and his son, Frank jnr, "a very much deeper and nastier plot was suggested by members of the Garda". It was decided it would be far more damaging if things were made "a lot heavier, nastier, more sinister and personal".
Mr O'Higgins said members of the Garda suggested that Mr Conlon join in a plan to accuse certain individuals of serious crime. He was to allege that two men called at his home in Sligo, ask him if he was "the McBrearty informer" and produce a silver bullet. He would also allege they said they had a second bullet.
Mr O'Higgins said that on subsequent visits to Letterkenny for adjourned District Court hearings of licensing cases against the McBreartys, Mr Conlon identified two people, Mr Mark McConnell and a Mr Peoples, as being the people who made the threats against him. This resulted in the arrest of these two men although no charges were brought.
Mr O'Higgins said the prosecution would say that even "if others were as guilty or more guilty", Mr Conlon was a knowing participant. The three counts against Mr Conlon relate to his statements about the threats being made and the subsequent identification of the two people.
In evidence, Mr Mark McConnell denied ever calling to Mr Conlon's door or ever making threats against him.