A garda superintendent who was moved from his post in Co Donegal because of his involvement in the McBrearty affair is to take legal action against the Garda Commissioner.
A solicitor for Supt Kevin Lennon said yesterday that legal proceedings for defamation would be issued in the High Court on Friday. Supt Lennon is alleging that he was demoted and that the presumption of innocence, to which he is entitled, was destroyed by the Commissioner.
Mr Kevin Kilrane said yesterday that Supt Lennon felt "aggrieved as someone who went in on a mess and cleared it up".
The affair, which began with the death of Raphoe man Richie Barron in October 1996 and the subsequent arrest of members of the neighbouring McBrearty family, has already led to a number of other High Court actions against the State by the McBreartys.
Allegations of misconduct against certain garda∅ relating to this and other investigations in Co Donegal have led to the biggest internal inquiry in the history of the force.
Supt Lennon was not in the Letterkenny division at the time of Mr Barron's death or the initial investigation into it. He started a review of the case in 1997 after he had been transferred to the area.
He subsequently sent a file to the DPP with a recommendation that no prosecution be brought against Mr Frank McBrearty jnr or his cousin Mr Mark McConnell.
Mr Kilrane said yesterday that Supt Lennon "went out on a limb" to ensure that there would be no prosecution for murder against Mr McBrearty .
Following the exhumation of Mr Barron's body in July of this year, the State Pathologist concluded that it was likely that he died as a result of being struck by a car, and not from an assault.
In March 1999 the Garda Commissioner appointed Assistant Commissioner Kevin Carty to investigate allegations of corruption against certain officers in Co Donegal.
About a month later Supt Lennon was transferred from Letterkenny to Milford, a move he is now alleging was a demotion. In July 2000 he was one of five officers transferred out of Donegal. Supt Lennon was transferred to Garda Headquarters in Dublin as a staff officer responsible for administrative duties.
At the same time Chief Supt Denis Fitzpatrick was transferred to head the National Traffic Policy Bureau in Dublin and Det Supt John McGinley was transferred to a new position of detective superintendent in Galway.
Supt Lennon is alleging the move to a desk job in Garda Headquarters was a further demotion. Mr Kilrane said he had hoped since that the issue would be cleared up and he would be " fully reinstated as a working policeman, as a Garda superintendent".