A private investigator who claimed he was assaulted by relatives of a man whose death is being treated by gardai as suspicious has taken a High Court challenge to the conduct of the Garda investigation into his complaints.
Mr Martin Giblin SC, for Mr Thomas Coffey, was yesterday given leave by Mr Justice Quirke to seek an order directing the Garda Commissioner to appoint an "unbiased officer" to investigate his allegations and an injunction restraining Supt Kevin Lennon, of Letterkenny Garda station, from participating in the investigation.
In an affidavit, Mr Coffey, of Kilrickle, Loughrea, Co Galway, claimed that, following the discovery of the body of Mr Richard Barron in Raphoe, Co Donegal, on October 14th, 1996, hostilities arose between the family of Mr Frank McBrearty, of Tullyrap, Raphoe, owner of the Parting Glass public house, and Mr Barron's family and relatives. Mr Coffey said local gardai, under Supt Lennon, appeared to "occupy a position far from balanced and certainly not in favour of the McBreartys".
He said he was employed to to investigate the death of Mr Barron on behalf of Mr McBrearty.
He was instructed to see Mr Paul Barron, a nephew of the dead man, and Mr Vincent Barron, a brother, at Bawn, Convoy, Co Donegal, on June 26th, 1997. Mr Coffey said he introduced himself to them but had not finished the sentence when he received a blow to the back of the head from Mr Vincent Barron, who said that Mr Coffey "worked for murdering bastards".
He alleged he was pummelled by both men and while semiconscious was aware that a rock or stone was dropped heavily on the back of his head. "I played dead . . . and the beating stopped," he said.
Mr Coffey said Mr Vincent Barron pulled him up by the back of his head, punched him across the face and said: "Get to f... out of here and don't come back." He got to his car and was later brought to hospital and made a statement to gardai.
In January 1998, he received a letter signed by Supt Lennon which stated that "all matters concerning this investigation have been considered and, as a result of these considerations, no criminal proceedings will be instituted".
Mr Coffey said he was taken aback by this decision which appeared to him to represent the findings of Supt Lennon alone and not those of the DPP.
Mr Giblin said his client believed the decision not to prosecute the Barrons arose from the presentation to the DPP of a biased and tainted investigation file.
Mr Justice Quirke gave Mr Coffey leave to seek, in judicial review proceedings, an order directing the Garda Commissioner to appoint "an unbiased officer" to investigate the assault and an injunction restraining Supt Lennon participating in such an investigation. Mr Coffey also got leave to seek a declaration that, because of bias by Supt Lennon, the investigation into the complaint of assault was inadequate.
At a previous court hearing, Mr McBrearty had sought to prevent the hearing of 160 summonses brought by the Garda against him. In an affidavit, Mr McBrearty said it was first believed that Mr Richard Barron had been a victim of a hit-and-run accident but later gardai decided his 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, Frank jnr, and his son's cousin, Mr Mark McConnell. Mr McBrearty said that ever since his family has been subjected to tremendous pressure from gardai.
It was alleged on behalf of the McBreartys that Assistant Commissioner Kevin B. Carty is heading an investigation into "certain matters" in Co Donegal and that this investigation was reviewing all aspects of the previous investigations into Mr Barron's death and the manner in which the McBrearty family were treated by gardai.