Lawyers seek settlement in McBrearty case
State lawyers have written to the Donegal publican framed for a murder that never was seeking an out-of-court deal, it emerged tonight.
With a High Court lawsuit over the botched garda investigation looming it has been confirmed that a law officer contacted Frank McBrearty Jnr requesting negotiations to discuss compensation.
It is understood two letters were received by the Raphoe man in the hope of striking a cash deal and halting the embarassing lawsuit.
A report in the Sunday Business Post revealed Mr McBrearty could expect a €3m compensation pay-off after the garda corruption tribunal ruled he was the victim of a grotesque miscarriage of justice.
The total bill for the botched garda probe could cost the taxpayer €15m in compensation alone.
Mr McBrearty is due in the High Court in Dublin next Tuesday week to launch a civil action for damages against the state.
The 36-year-old was hospitalised twice for psychiatric treatment following his frame up by gardaí investigating the hit-and-run death of cattle dealer Richie Barron in Raphoe.
The Morris Tribunal declared two weeks ago that he is an innocent man.
And Tribunal chairman Mr Justice Frederick Morris launched a scathing attack on the negligence of officers of all ranks.
Two superintendents have since retired while a further five garda have been shifted out of the Donegal division.
Mr McBrearty tonight refused to comment on whether the lawsuit would be dropped. He has continually demanded that he would fight the State through the courts.
But he said he was determined to get an unreserved apology from the Justice Minister Michael McDowell and the Garda Commissioner Noel Conroy.
He wants a full concession of liability for all of the complaints contained in his legal papers lodged in the High Court.
The Sunday Business Post reports from the letter sent to the McBrearty’s: “We will proceed on the basis of assessment of damages only.”
The newspaper says that the Chief State Solicitor sent a second fax on Thursday which stated: “We invite you to attend settlement negotiations with a view to agreeing an amount of compensation and other terms of settlement. Perhaps you will revert to a suitable time to meet.”
Mr McBrearty claimed the State failed to prevent his harassment by corrupt gardaí.
It is understood Mr McBrearty has subpoenaed 60 witnesses for the civil action, which has been assigned five weeks in the High Court.
He is one of 14 people who were arrested by gardaí for a murder which turned out to be a hit and run accident in 1996.
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