The Director of Public Prosecutions is reviewing a decision to prosecute a private investigator who was convicted of offences allegedly committed when he was investigating gardai in Co Donegal.
Mr William Flynn (55), a Co Meath-based investigator now retired, was hired in February 1997 by a Raphoe publican, Mr Frank McBrearty. Mr McBrearty has consistently maintained he suffered harassment from gardai, who he claims were attempting to frame his son and nephew arising out of the death of a local cattle dealer, Mr Richie Barrons.
Last month, 160 summonses against the McBreartys were dropped by the DPP without an explanation.
The investigation into the death of Mr Barrons in October 1996 is being examined as part of a current internal inquiry into allegations against the force in Donegal, headed by Assistant Garda Commissioner Mr Kevin Carty. His final report will be submitted to the Garda Commissioner, the Department of Justice and the DPP shortly.
According to Mr Flynn he and his employees were "literally at war" with some gardai in Donegal and in July 1998 he was convicted in Letterkenny District Court of making obscene telephone calls to two gardai.
Mr Flynn was fined £1,400, reduced to £300 on appeal, but refused to pay the fine and last month he was informed by gardai he would be imprisoned in Castlerea Prison for 15 days. He wrote to the DPP describing it as a "revenge sentence for exposing Garda corruption in Donegal". In a letter dated June 26th the office of the DPP confirmed the conviction was under review. "I am confident that the gardai would not seek to execute a warrant in respect of a conviction and sentence where the decision to prosecute itself is the subject of review by this office."
Mr Flynn yesterday described the conviction as "an exercise designed to destroy my credibility". Mr Flynn is currently writing a book on the controversy, Caught in the Crossfire, which will be published later this year.
During his three-year involvement in the McBrearty case, Mr Flynn said he employed seven investigators, took 375 statements and submitted 117 reports on the case to the Garda Commissioner, Mr Pat Byrne, dating back to June 1997. He also traced the origin of threatening phone calls to the McBreartys back to the home phone of a local garda.
Allegations persist that gardai forged a statement of admission in the name of Mr Frank McBrearty jnr, and a garda based in Letterkenny station, Garda Tina Fowley, is understood to have made a statement to the Carty team claiming she witnessed detectives engaged in corrupt practices.