A marathon 2 1/2-year prosecution of a Donegal nightclub owner came to an abrupt end in the District Court in Donegal town yesterday when the DPP withdrew more than 150 summonses against him.
The charges against Mr Frank McBrearty, owner of Frankie's Nightclub in Raphoe, and members of his family and staff became the subject late last year of the biggest internal Garda investigation into alleged corruption carried out in the State.
Mr McBrearty had claimed that the summonses, under the Licensing, Road Traffic and Public Order Acts, represented an abuse of process by a number of gardai in the Donegal district.
The offences are alleged to have occurred over six months in early 1997. Mr McBrearty previously told the court that certain members of the Garda i had attempted to "frame" members of his family for the murder of Raphoe cattle dealer Richard Barron in October 1996.
Mr Richard Lyons, for the DPP, began the case in Donegal town yesterday by telling Judge John O'Donnell that the DPP had instructed him to withdraw the proceedings against Mr McBrearty.
He added that the DPP was precluded from giving reasons for the withdrawal, and this was a long-standing policy of his office.
Mr Lyons accepted that this decision "may give rise to speculation regarding the ongoing Garda investigation" and added that it was important to avoid any prejudicial comment.
Mr Peter Nolan, counsel for the McBreartys, described the unsigned fax from the DPP he received at 4.55 p.m. on Tuesday as "sign of the contempt the DPP holds the McBreartys in".
He requested a statement from the DPP saying this represented the withdrawal of all prosecutions against Mr McBrearty and his extended family.
Two related cases are listed for the District Court in Letterkenny today.
While he acknowledged that there was no requirement for the DPP to give the reason for the withdrawal, he asked would the material on which the DPP based his decision be made available to him.
Requesting that Judge O'Donnell review the ruling that does not allow the District Court to award costs against the DPP, Mr Nolan said that over 2 1/2 years the McBrearty family had been put through horrendous stress and anxiety, regardless of the evidence produced.
"The DPP and gardai must explain the malicious attitude and the fact that they abused process. They held this court and the McBrearty's in contempt. Can costs be awarded in these circumstances?
"What sanctions can you impose on the DPP for wasting your time and mine?" Mr Nolan asked.
Pointing out that the DPP had offered his clients no apology in this "most discourteous fax", he went on: "If you are in a hole you have to stop digging, and he [the DPP] has stopped digging."
Mr Nolan told the court his client had been treated in a most offhand, vicious and malicious way, yet he could not seek costs. He asked Judge O'Donnell to consider awarding costs if he felt it was in the interest of justice.
"It is an appalling and scandalous treatment of a citizen of the Irish Republic and it relates to the alleged investigation of the Richard Barron affair - I do not call it a murder," he added.
Judge O'Donnell, summing up at the end of the 40 days of hearings, said despite the long time it had taken to hear the case, the interests of justice had been served and "that is what the courts are here for".
He added that he would review Mr Nolan's request on costs and witness expenses under the District Court rules and give his ruling on July 5th.