The Supreme Court has voiced its concern about the extent of the allegations of Garda harassment made by a Co Donegal publican who is facing 160 summonses before Letterkenny District Court today.
The Chief Justice, Mr Justice Hamilton, said the Supreme Court had decided not to interfere with the decision of Judge John O'Donnell to hear the summonses brought against Mr Frank McBrearty of the Parting Glass public house, Tullyrap, Raphoe, Co Donegal.
However, Mr Justice Hamilton said, the district judge should be satisfied he had all the relevant facts to enable him decide the issues in the prosecutions and in the defence on behalf of Mr McBrearty.
The Supreme Court had been informed the 160 summonses referred to minor and trivial matters relating to the licensing and road traffic laws and the prosecution had already been 30 to 33 days before the district court.
Mr Justice Hamilton said the court was concerned with the extent of the allegations by Mr McBrearty and the fact that many of these allegations were the subject of an inquiry being conducted by Assistant Garda Commissioner Mr Kevin Carty.
The matter was before the Supreme Court yesterday on foot of an appeal by Mr McBrearty against Friday's High Court decision refusing his application for orders prohibiting today's district court hearing until after the completion of Mr Carty's investigation.
Mr Martin Giblin SC, for Mr McBrearty, said that among allegations by his client against "about half a dozen" gardai, there was a statement in which a Garda sergeant claimed to have seen detective colleagues practising a signature of a son of Mr McBrearty while he was in custody as a suspect in a murder case.
At last Friday's High Court hearing, Mr McBrearty said in an affidavit that his excellent relations with the Garda changed around Christmas 1996 insofar as a Garda group in Raphoe was concerned.
About October 14th, 1996, the body of Richard Barron was found on a roadway in the area. At first it was believed Mr Barron had been the victim of a hit-and-run accident, but later the view was formed by the Garda that Mr Barron's death had resulted from other unlawful acts.
It had been stated by gardai that the chief suspects in the death of Mr Barron were Mr McBrearty's son, Mr Frank McBrearty jnr and a nephew, Mr Mark McConnell, Mr McBrearty said in his affidavit. They were arrested and detained.
Ever since then, Mr McBrearty said his family had been subjected to tremendous pressure from the Garda. Mr McBrearty said that among documents being sought by his lawyers from the Garda was a statement which he believed was made by a Garda sergeant. He believed this stated that, when Mr Frank McBrearty jnr was in custody, the sergeant saw detective colleagues practising Mr McBrearty jnr's signature.
Mr McBrearty said he shared the view that Mr Carty and his squad of detectives were conducting their investigations in a fair and professional manner.
He was confident the evidence had already been found which would completely vindicate his son and nephew with regard to the death of Mr Barron.
An application for an adjournment of today's district court hearing had been refused last September by Judge O'Donnell. That refusal was unsuccessfully appealed to the High Court on Friday last.
At the Supreme Court yesterday, the Chief Justice said the High Court judge, Mr Justice O'Neill, had been correct in his view of the applicable jurisprudence to the effect the courts would not interfere with Judge O'Donnell's order.