Club owner determined he will not attend tribunal write Kitty Holland and Mark Brennock
Mr Frank McBrearty, the Co Donegal nightclub owner whose allegations of Garda harassment led to the establishment of the Morris tribunal, is willing to face contempt charges rather than participate in the tribunal if he does not get assurances on legal costs.
His solicitor, Mr David Walley, said his client was very supportive of the work of the tribunal, and wanted to participate, but was "outraged" at the Minister for Justice's continued refusal to intervene on the issue of his costs.
Mr Frank McBrearty jnr (35) and his cousin, Mr Mark McConnell, became suspects in a murder investigation started by Donegal gardaí following the death in October 1996 of Raphoe cattle dealer Mr Richie Barron.
The McBrearty family and staff at the nightclub became the subjects of a year-long campaign of harassment by local gardaí, with almost nightly raids on the club, summonses and false accusations.
Mr McBrearty wrote to the Minister, Mr McDowell, three weeks ago seeking assurances on legal costs. He received a reply from the Minister two weeks ago to the effect that he had "no power" to assure Mr McBrearty and his family on their legal costs. The family had also sought additional senior counsel.
Mr Walley said the Mr McBrearty's need for legal representation was greater than ever since the publication of the first interim report from the tribunal.
"There are three legal teams representing gardaí - one for the AGSI, one for the GRA and one for the commissioner. These people have an awful lot at stake.
"No one expected Mr Justice Morris to come out as strong as he did. His report was very tough, and it has upped the ante.
"If Mr McBrearty goes in without a lawyer he runs the risk of a lot of problems."
Five members of the extended McBrearty family met tribunal representatives last month in an effort to secure additional senior counsel and assurances on costs, but to no avail.
Mr Walley said yesterday his client remained determined not to attend the tribunal without assurances on costs. Legally obliged to attend, he faces being subpoenaed in coming weeks.
Under the Tribunals of Inquiry (Evidence) Acts, a witness who does not co-operate with a tribunal is guilty of an offence, and faces a possible fine of up to €10,000, two years' imprisonment or both.
The tribunal may also apply to the High Court to have any person comply with an order.
A spokesman for the Department of Justice said yesterday that it was not a matter for the Department to fund those appearing before tribunals.
He said while it would guarantee its own Minister's costs, it was up to others to make their own arrangements.
Mr Walley said it was "nonsense" of the Minister to say he had no power to intervene.
"There is a special case to be made for him. It was Mr McBrearty's tenacity and dogged determination to do the right thing that brought Garda corruption in Donegal to the fore, and which caused this tribunal to be set up. Mr McDowell may have a fine legal mind and be a great barrister, but he lacks common sense," said Mr Walley.
Mr McBrearty had done a great service for the State. "But he perceives now that that State is letting him down badly.
"I don't know where this is going to end for him, but he is a man of very strong principle and great sense of right and wrong."