Retired detective denies tricking publican into murder confession
One of two retired garda detectives accused of securing a false murder confession from framed publican Frank McBrearty Junior today insisted the admission is true.
Even though the Morris Tribunal accepts the statement is bogus, John Fitzpatrick continually claimed Mr McBrearty told him in December 1996 that he attacked cattle dealer Richie Barron.
The admission has never been repeated.
Tribunal lawyers suggested the statement was obtained through deception either by tricking Mr McBrearty into signing or by writing it up later.
But Mr Fitzpatrick replied: “That never happened. I don’t believe that you could ever do anything like that, that statement was made by Frank McBrearty Jnr, it was signed by him and it was also witnessed by Detective Sergeant [John] Melody.”
The pair, Mr Fitzpatrick and Mr Melody, both now retired from the force, are the only two gardai to have ever heard such a confession.
They were part of a team from Dublin brought to Donegal to interrogate Mr McBrearty.
Two other officers, Sgt Eamon O’Grady and Sgt Gerard McGrath, went into the interview suite minutes after the confession was allegedly made but could not get Mr McBrearty to talk about attacking Mr Barron.
Nor could they get any details from him about his movements on the night of the killing, October 13, 1996.
Mr Fitzpatrick sat in the witness box as the catalogue of abuse allegedly meted out to Mr McBrearty was described.
Lawyers said he was called a wife beater, an alcoholic and a murdering bastard. They said he was told he was going down for 20 years, that he would be raped in Mountjoy Prison and that he should do himself a favour and hang himself in police cells.
Mr Fitzpatrick replied: “That’s total fiction. That’s lies. He was never told that. No, I never said anything like that, neither did Sgt Melody, that was never said that’s a lie.”
And he added: “He made the statement and he also signed the statement.”
At the tribunal several gardai are currently being questioned over the arrest and detention of 12 people – many related to the McBrearty’s – all of whom have alleged abuse while in custody.
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