Counsel for family wants role of State examined

Members of the McBrearty family who sought legal representation at the tribunal yesterday asked for the terms of reference to…

Members of the McBrearty family who sought legal representation at the tribunal yesterday asked for the terms of reference to be extended to examine the role of the State in the events.

Mr Martin Giblin SC, for the extended family, which comprises 43 members, was among those making applications for legal representation with other parties and organisations, numbering over 80 individuals in total.

Mr Giblin said that his clients had found difficulty with the terms of reference. He asked if they could be extended with a view to examining the role of the State. He was making application for the terms to examine the role of the Minister for Justice in events, not necessarily personally, but to include the role of the Department.

"It is contended by Mr McBrearty that, in late 1997, the State, the Minister, the Garda Commissioner and the DPP were fully informed in writing of events occurring in Donegal. At that time, events were very heated indeed," Mr Giblin said. "My clients have a tale to tell which is different from the tale being told by the State. My clients will not have an opportunity to tell their tale comprehensively unless the terms are changed."

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Mr Giblin said that he was seeking representation for the family, which included the McConnell family. These members fell into three categories. There were those who were arrested and accused concerning the death of Mr Richie Barron, of involvement and of bribing witnesses.

Secondly, there was the larger group, against whom it was alleged in documents and circulars that they had been engaged in a campaign funded by the McBreartys against a number of members of the Garda Síochána.

The third category related to employees of the McBrearty family business, which was a licensed premises.

Mr Giblin said that his clients would find it very difficult to participate in the tribunal, which they wanted to do, unless they received costs and expenses.

He also made an application on behalf of the Diver family, three members of whom were arrested and accused of arson of a telecommunications building.

Other applications were on behalf of: seven people who had been arrested and detained; another group of people whose premises were searched for bomb-making paraphernalia; Ms Adrienne McGlinchey; and Mr William Flynn and his family, who were the investigators retained by the McBreartys.

Applications were also made on behalf of Mr Brendan Howlin TD and Mr Jim Higgins TD, who received letters about the events in 2000. Also seeking representation was the Minister for Justice, the Garda Síochána Complaints Board, the Garda Commissioner, the Garda Representative Association, the Association of Garda Sergeants and Inspectors and Supt Kevin Lenihan. A number of individuals also made applications.

Mr Justice Morris will give his judgment on the applications next Monday.