A Donegal solicitor told the Morris tribunal that Raphoe publican Frank McBrearty snr regarded it as "ridiculous" and "outrageous" that his son had made a signed confession admitting to the murder of hit-and-run victim Richie Barron a decade ago. Gerard Cunninghamreports.
James O'Donnell met Mr McBrearty snr several times while he was detained in Letterkenny Garda station in December 1996, and also while he was admitted to the local hospital for tests.
Mr McBrearty told the solicitor during a consultation that two Dublin detectives "had indicated to him that they had a signed statement from Frank jnr admitting to the murder of Richie Barron. He would have been mad, saying that is ridiculous, that is outrageous," Mr O'Donnell said.
"He felt actually they were using it as a form of intimidation or harassment, they were using that to break his will."
Mr O'Donnell said there was "frustration from him that these individuals from Dublin whom nobody could identify were wreaking havoc up there. These individuals might have been involved in questioning some other members of the extended clan."
Mr O'Donnell said his recollection of Mr McBrearty snr was better than that of some others who were arrested during the Garda investigation into the death of cattle dealer Mr Barron, and that he was "a character that you don't forget easily".
Referring to a letter he wrote afterwards, Mr O'Donnell said on December 5th, 1996, he asked for a doctor because of Mr McBrearty's high blood pressure, but a custody officer told him Mr McBrearty was "only wasting Garda time" and refused to note the request for a doctor in the custody record. Mr O'Donnell said he could not remember which garda he spoke to, and was relying on notes made at the time.
Tribunal barrister Anthony Barr SC said there was evidence that other gardaí thought Mr McBrearty was playing up his medical condition to avoid being questioned.
"There's no doubt about that. They thought he was trying to filibuster them, that was the impression they got," Mr O'Donnell said. "I remember he was very agitated, he was very frustrated. Subsequently he was frustrated as to why he didn't get medical attention earlier." Mr McBrearty was admitted to hospital that night.