McBrearty was arrested while taking children to school

Mr Frank McBrearty jnr was arrested by gardaí as he was taking his two young children to school, the Morris tribunal heard yesterday.

Gardaí set up a checkpoint in Letterkenny on the morning of December 4th, 1996, as they had anticipated that Mr McBrearty jnr would be driving his children to school in Raphoe, Mr Paul McDermott SC, for the tribunal said.

Two gardaí were instructed to take care of any children present during the incident.

Mr McDermott said that Mr McBrearty was arrested at 9.20 a.m. for the murder of Mr Barron. His children then aged approximately six and seven years, were in the car. The arresting officer, Sgt Joseph Hannigan had said he was arrested because of previous rows between the McBreartys and the Barrons and because Mr McBrearty jnr and his cousin, Mr Mark McConnell, were seen by a witness coming from "the murder scene" on the night Mr Barron died.

The presence of the children at the arrest "gave rise to considerable trouble", Mr McDermott told the tribunal. Gardaí said Mr McBrearty had upset his children by "roaring and shouting" but Mr McBrearty made a complaint about the manner of his arrest and said he could have been arrested at his home.

"He had concerns about his son who is asthmatic and complained that gardaí were shouting and abusive towards him and calling him names," Mr McDermott said.

Mr McBrearty also claimed that he was "poked and punched" by two gardaí on the way to the station. This was denied by the gardaí.

Mr McDermott said there were differing accounts of the interaction between gardaí and Mr McBrearty at Letterkenny Garda station. Gardaí said Mr McBrearty had been abusive and aggressive towards them. However, he complained about the actions of several officers. He claimed that a detective garda put his knee on his chest with "two eyes popping out of his head". When he complained that the handcuffs were too tight, Sgt Hannigan said the handcuffs were not necessary "but two detectives present insisted upon handcuffs, saying 'handcuff the murdering bastard'," Mr McDermott said.

Mr McBrearty also claimed Insp John McGinley said to four gardaí "when you get him into the room . . . give it to him". All allegations of impropriety had been denied by gardaí, Mr McDermott said.

Mr McBreaty, he said, further claimed that Det Sgt John Melody and Det Garda John Fitzpatrick had said Mr McBrearty's father had beaten him when he was a child and that he had been brain damaged as a result. Mr McBrearty had complained that Det Sgt Melody had said: "Do us a favour, Frank. When you go down to the cell for your dinner, hang yourself, because if you don't, hang yourself, they'll shag you in Mountjoy."

At about 3.30 p.m that day, Mr McBrearty said two gardaí showed him a statement purported to be from his cousin, Mr McConnell, which said that Mr McBrearty had killed Mr Barron. He said he noticed that Mr McConnell's surname was spelt wrong and he knew his cousin had not signed the statement.

In a separate development, RTÉ reported yesterday that the McBrearty family had expressed concern at the employment of a garda, Supt Michael Finn, by the tribunal. The family said no gardaí should be involved in conducting the tribunal's investigations. The immediate McBrearty family said they were considering their co-operation with the inquiry.