The legal representatives of Raphoe publican Mr Frank McBrearty intend to issue High Court proceedings against the State for malicious prosecution, The Irish Times has learned.
Mr McBrearty has consistently claimed Garda harassment and that an attempt was made to frame his son and nephew for the 1996 death of local cattle dealer Mr Richie Barrons. Last month, 160 summonses against the extended McBrearty family were dropped by the DPP without explanation.
A report from a Garda team investigating allegations of corrupt practices by members of the force in Donegal was expected next week. However, the latest indications suggest it may be near the end of the month before the huge number of files are ready to be submitted.
Mr Kenneth Smyth, solicitor for the McBreartys, yesterday confirmed the High Court action in the names of the extended McBrearty family, who were served with District Court summonses for breaches of the licensing law, motoring offences and public order offences. The majority of the 160 summonses were served over six months.
"Now that the dust has settled we have considered our position and decided to issue the proceedings for malicious prosecution," said Mr Smyth. Compensation claims against the State will also be lodged by 13 members of the extended McBrearty family who were questioned by local gardai.
No charges were brought in relation to the Barrons death, despite the alleged existence of a statement of admission in the name of Mr Frank McBrearty jnr which was witnessed by two detectives.
In this statement, dated December 4th, 1996, Mr McBrearty jnr admits hitting Mr Barrons "a slap on the head" with a length of timber before running away. The Barrons death was initially treated as a hit-and-run accident and the scene was not preserved. However, a murder investigation was later launched.
In a supplementary statement to two other detectives, Mr McBrearty jnr is quoted: "I have already made a statement to the other two gardai. I have co-operated with them. I have told them the truth about what happened."
According to the document, the statement was taken on the same date at Donegal Garda station.
However, a source close to the family yesterday stressed that Mr McBrearty jnr was questioned in Letterkenny Garda station and that he believed Mr McBrearty jnr had never been inside Donegal Garda station.