A Co Donegal publican, Mr Frank McBrearty snr, has alleged before the High Court that a Garda Chief Superintendent and two Superintendents are among the leading conspirators in a campaign to damage him and his family.
Mr Justice Kinlen granted Mr McBrearty an interim injunction, continuing to Monday next, which restrains the Garda Commissioner from continuing to circulate a document in Letterkenny Division Garda stations requiring garda∅ to report on the activities of Mr McBrearty, his extended family and his contacts.
In an affidavit, Mr McBrearty said there had been an "astonishing development" in relation to a Garda allegation that his son and nephew were principal suspects in the death of a local man, Mr Richie Barron, in October 1996.
Earlier this month, two persons had come forward and claimed that, on the night of Mr Barron's death, they had witnessed a car, which later turned out to be stolen, being driven at great speed by a man whom they identified.
Mr McBrearty, who runs a pub and nightclub in Raphoe, alleged the couple had made a statement to the garda∅ but the garda∅ failed to reveal the existence of that statement. Media reports had stated a recent post-mortem carried out by the State Pathologist indicated Mr Barron was the victim of a hit-and- run incident.
Mr McBrearty claims he and his family have been harassed by garda∅ over several years. Following the death of Mr Barron, Mr McBrearty's son and nephew became the focus of a murder investigation. The DPP decided not to prosecute but, Mr McBrearty alleges, he and his family then began to have summonses served on them over a three-year period. In all, 190 summonses were issued but have since been withdrawn by the DPP.
An earlier court hearing has been told all charges had been withdrawn against the family, staff and friends and that persons who gave evidence against them in court were facing charges. The extended family have issued over 20 civil actions in the High Court arising out of the alleged harassment.
Yesterday, Mr Martin Giblin SC, for Mr McBrearty, said his client was determined to have the "scandalous" Garda circular relating to the McBrearty's withdrawn. Any garda who was assigned to the Letterkenny Division would discover the existence of this most offensive circular which the Garda Commissioner was refusing to withdraw, he said.
Counsel said the terms of the circular were mandatory and the direction to report on the McBreartys was not justified.
In his affidavit, Mr McBrearty said only a small number of garda∅ had conspired together and with criminal elements in Donegal and elsewhere in an effort to damage him and his family. This was done to secure revenge for his complaint of corrupt practices against one of their colleagues, as a result of which that garda was permitted to retire, he said.
The fact that some of the conspirators held high rank continued to cause him and his family the gravest concern.
Mr McBrearty alleged the leading conspirators included Chief Supt Denis Fitzpatrick, whom Mr McBrearty named as the author of the Garda circular. He said Mr Fitzpatrick was in charge of the Donegal Division during the period when the McBrearty family were "the objects of a reign of terror" by garda∅.
Mr McBrearty also alleged Supt Joseph Shelly had "played a leading role in the conspiracy". At a conference held the evening prior to the arrest of Mr McBrearty's son and nephew, Supt Shelly told garda∅ the son and nephew were to be arrested in the company of their children, Mr McBrearty alleged.
Mr McBrearty said "decent members" of the Garda had protested that the children should be left out of the arrest procedure. But, he said, Supt Shelly had insisted on their inclusion and had said, "we will take care of the children". Garda officers involved in the arrest "took great care to ensure that their \the son and nephew's children were exposed to the maximum terror imaginable ... and used language which was so foul and pejorative as to be unworthy of a police officer in a democratic state".
He said Supt Shelly also told garda∅ that Roisin McConnell, the wife of his nephew, was to be arrested. While in detention she was subjected to ill treatment "of such a serious degree that she had suffered a chronic nervous breakdown".
The third officer named by Mr McBrearty was Det Insp John McGinley (since promoted to Detective Supt). Mr McBrearty alleged Mr McGinley was present at a meeting in the home of a Garda John O'Dowd at which a man (Mr X in the affidavit) was allegedly forced to sign a statement that he saw Mr McBrearty's son and nephew leaving the scene where Mr Barron was found critically injured.
Mr McBrearty said it later transpired Mr X was not in Raphoe on the night in question but was in Ballybofey where he was seen by dozens of witnesses. When Mr X sought to retract his statement, he claimed he was assaulted and threatened by garda∅.
The Donegal publican said Supt McGinley was the senior Garda who was accused by Garda Tina Fowley of practising the signature of Mr McBrearty's son in Letterkenny Garda station while his son was in custody and allegedly signed a confession to the unlawful killing of Mr Barron.
Mr Justice Kinlen said the fact he was granting an interim order did not mean the court accepted the views expressed by Mr McBrearty. A prima facie case for the granting of the interim order had however been made, he said.