McBrearty: Pay-out proves abuse
A Donegal businessman framed for murder today said his record compensation pay-out of €1.5m and the apology from the Government proved the extent of abuse he suffered.
Frank McBrearty Junior, who was branded a murderer by detectives when he was arrested in front of his young children, had vowed to destroy Justice Minister Michael McDowell in the High Court for failing to act on his allegations.
But in an out-of-court settlement the publican has ended his civil action accepting one of the largest pay-outs ever for a case of its kind.
“The amount paid to us in this settlement, which is the largest of its kind in the Irish State in a case of this magnitude, shows the level of abuse we have had to endure from agents of the State,” he said.
Mr McBrearty Jnr was falsely arrested and intimidated by gardaí while he became the subject of a whispering campaign and harassment in his home town. He later later exposed their corrupt dealings at the Morris Tribunal.
He refused to be drawn on the exact level of compensation he and his wife had been awarded for their suffering, but it is understood to be around €1.5m.
Nor would he reveal whether the Government would issue him with a public apology.
“I have received an apology in the agreement that I have signed with the State, that they apologise for the findings of the Morris Tribunal to date which says that I am a totally innocent man framed in the wrong by certain members of the garda force,” he said.
Mr McBrearty had consistently demanded officials at the Department of Justice apologise for his treatment at the hands of a number of rogue gardaí.
But instead of pursuing this, his claim for damages for malicious prosecution, wrongful arrest, false arrest and breaches of constitutional rights has been met with a payment twice as large as the courts were likely to offer.
The Raphoe businessman was vindicated in the second damning report of the Morris Tribunal.
It detailed a botched investigation into a mysterious hit-and-run which left cattle dealer Richie Barron dead.
It showed gardaí attempting to frame Mr McBrearty Jnr and his cousin Mark McConnell and a web of deceit and cover-ups when the corruption was first probed.
Mr McBrearty called on the Government to stand up and answer for their inactions and silence over the scandal during the last nine years.
“What my family have suffered over the past nine years should never be allowed to happen to anyone in this country ever again,” he said.
“We are happy with the level of compensation for the hurt, pain and humiliation we have suffered over the past nine years and the damage physically and mentally to our health,” he said.
But Mr McBrearty claimed both he and his wife were suffering psychological trauma following his arrest and frame-up at the hands of corrupt officers.
The Department of Justice confirmed the payment was in respect of four separate legal actions.
It is understood around 40 other civil actions by the McBrearty’s and others against the state remain outstanding and could be brought before the High Court next month.
Mr McBrearty called on the Government to settle with the other members of his family in the same way as they had settled with him.
And he insisted if ministers had sat up and taken notice of his story almost a decade ago the taxpayer would not have been left with the burden of paying for a tribunal and compensation packages.
“If the State had listened to us back in 1997 about what we were telling them about this terrible scandal, then it would not have cost them as much as it has and will cost in the future,” he said.
