Publican can pay for legal representation, Morris Tribunal told
A Donegal publican who won almost €4.5m in damages can afford legal representation at a tribunal probing allegations of garda corruption, it was claimed today.
Lawyers acting for former garda sergeant John White said Frank McBrearty Snr was no longer in a financial position where he could not be represented at the Morris Tribunal.
Barrister Cormac O Dulachain SC said Mr McBrearty Snr should also be questioned about inconsistencies in evidence he told the tribunal and the High Court in Castlebar.
The publican is due to return to complete giving evidence tomorrow.
He has continuously claimed mounting debts meant he could no afford the risk of hiring lawyers at the tribunal in case he was not awarded legal costs by chairman Mr Justice Frederick Morris.
However, two weeks ago the 63-year-old received €2m to settle a personal case he brought against the state alleging wrongful arrest, libel and malicious prosecution.
The previous week, his business won almost €2.5m in compensation for lost profits and business opportunities.
A formula to pay District Court legal costs Mr McBrearty incurred in the 1990s was also agreed.
Mr O Dulachain said that following these settlements, Mr McBrearty Snr was no longer in a financial position where he could not afford legal representation.
He also raised concerns about inconsistencies or changes in the publican’s stories at the tribunal or High Court.
“I am concerned that the tribunal itself isn’t focused on identifying the inconsistencies, variations and changes that have occurred,” he said.
The tribunal chairman assured him it would be fair.
“All I can do at this stage is to assure you that the tribunal will conduct its own inquiries in its own way, and give you an assurance that there will be fairness to all the parties involved,” said Mr Justice Morris.
The Morris Tribunal is investigating allegations that Mr White led a garda campaign of harassment against the publican, his family, business and staff following a botched death probe.
The disgraced garda, sacked from the force last year after been heavily criticised in several Morris reports, denies the accusations but maintains he was following orders to enforce licencing laws.
Gardai had accused Mr McBrearty’s son, Frank Jnr, and his cousin, Mark McConnell, of murdering local cattle dealer Richie Barron in October 1996. It was later ruled he was the victim of a hit-and-run.
In the following months, gardai increased inspections of the nightclub - sometimes visiting it up to four times a night. Almost 70 summons which were served against the licensee were later withdrawn on the direction of the DPP.
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