Publican 'told lawyer of false murder confession'
A publican wrongly arrested during a botched murder probe knew about his son’s false murder confession four months before he claims to have been made aware of it, the Morris Tribunal today heard.
Documents handed over by Frank McBrearty Sr to the hearing proved his was aware of the confession during his detention in December 1996.
The nightclub boss has always maintained he first heard of the confession at a High Court hearing four months later.
Yet, despite the compelling evidence against him, Mr McBrearty Sr refused to change earlier statements that criticised two detectives he claimed fabricated their story that they had told the prisoner about the confession.
He said he could not remember telling his lawyer that, as 10 years had passed.
“If that’s what I said to my lawyer that’s what I said,” said Mr McBrearty Sr.
“But I know my son never signed a confession to anybody. He was at work with his father.”
The publican’s home in Raphoe, Co Donegal, was raided by gardaí during the investigation into the death of cattle dealer Richie Barron 10 years ago.
Gardaí suspected his son, Frank McBrearty Jr, and nephew, Mark McConnell, had murdered the man.
It was later ruled Mr Barron was the victim of a hit-and-run. No-one has ever been charged with his death.
A few hours into his interrogation, on December 5, 1996, Mr McBrearty Sr was admitted to Letterkenny General Hospital on the advice of a doctor.
He was released from hospital one week later and immediately taken back into Garda custody for further interrogation, but was again admitted to hospital.
Documents that Mr McBrearty Sr finally handed over to the tribunal showed he told his solicitor, James O’Donnell, on December 13, 1996, that two Dublin detectives had told him they had a confession from his son.
“They told everybody that,” he continued. “That was their game.”
Throughout the hearing, tribunal chairman Mr Justice Frederick Morris, had to frequently remind Mr McBrearty to answer questions put to him.
When quizzed over discrepancies between his evidence to the tribunal, in which he claims he was verbally abused, and his High Court statement of claims, in which he alleges he was abused, Mr McBrearty strongly defended his innocence.
“I said I wasn’t hit, but I was assaulted,” he said. “I was assaulted by abuse, with language.
“They called me a hard man, a boxer, called me a murderer.
“I’m telling no lies here. I came here to tell the truth. I have told no lies in my life. I’m an honest person.
“They were framing me and my family for murder.”
Last week, the nightclub owner stormed out of the tribunal, refusing to be cross-examined by legal teams representing gardaí.
He said his family was almost destroyed by gardaí who tried to to frame them for Mr Barron’s death.
The Morris Tribunal, which is investigating Garda corruption in Donegal, is examining claims 12 people, many related to the McBrearty family, were wrongfully arrested and interrogated and abused during custody.
