The State is contesting a claim made against it by Donegal publican Frank McBrearty snr for personal damages arising from malicious prosecution, wrongful imprisonment, defamation and wrongful arrest.
This was indicated by Patrick MacEntee SC yesterday when an opening submission in support of the Raphoe businessman's claim for personal damages was made at the High Court in Castlebar.
Last week the court awarded Mr McBrearty almost €2.5 million for damages caused to his business by a campaign of Garda harassment. A judgment on costs is to be given by Mr Justice Paul Gilligan this morning.
When the case for personal damages opened before Mr Justice Gilligan yesterday, Mr MacEntee said the State would not be contesting matters of fact decided by the Morris tribunal but would be fighting all other three cases.
Opening the case for Mr McBrearty, Martin Giblin said the catalyst for his arrest in December 1996 under section 30 of the Offences Against the State Act was a "doctored" statement. It should have been checked, Mr Giblin said. If it had been, the plot against Mr McBrearty would have been discovered.
There had been a cover-up by senior gardaí of vital evidence that would have revealed corruption in the investigation into the death of cattle dealer Richie Barron, killed by a hit-and-run driver.
The arrest of Mr McBrearty had been based on a false and corruptly obtained statement, Mr Giblin said. A female garda had forged a signature on a confession and written on it the signature of Frank McBrearty jnr.
Mr Giblin said Mr McBrearty snr had been pushed around by gardaí. Despite a medical report being sent to Letterkenny Garda station, his interrogation had continued in a most aggressive fashion.
If the conspiracy had been properly investigated, the conspiracy would have been exposed at an early stage. Not only had senior officers displayed gross incompetence in their management of the investigation into Mr Barron's death but they had swept things under the carpet.
Gardaí had failed to preserve the scene where Mr Barron died but had also resisted efforts to exhume the body. "If a proper investigation had been held a murder investigation would not have got off the ground," Mr Giblin said.
The case continues today.