Retired garda 'had no axe to grind' with publican

A retired Donegal garda had no axe to grind with publican Frank McBrearty Snr when he was carrying out interviews as part of a murder probe, the Morris Tribunal heard today.

A retired Donegal garda had no axe to grind with publican Frank McBrearty Snr when he was carrying out interviews as part of a murder probe, the Morris Tribunal heard today.

John V Doherty, who retired from An Garda Siochana in 2001 following a serious accident, said he was drafted in from nearby Milford Station and his only involvement in the investigation was to take statements.

“It had nothing to do with me, other than take a few statements, get a few overtimes and get home,” Mr Doherty said.

He took statements from three young women who were believed to have been approached by Frank McBrearty Snr and allegedly intimidated as the death probe got under way.

Tribunal Counsel Tony Barr queried whether he would have been told the interviewees had something to say about contact with Mr McBrearty Snr before he went to interview them.

“That is very possible yes,” Mr Doherty said.

He said he did not feel there was an expectation on him to bring back a statement that would establish intimidation.

“I just went ahead to get my job done, get the thing done and I have no intentions of putting down a statement that is not true. Frank McBrearty meant nothing to me. I was only brought in from Milford because there was an overflow needed to do something, as I was on other murder inquiries,” he said.

Mr Barr said: “I appreciate you had no axe to grind personally, you were merely coming in to assist in another district’s investigation.”

He replied: “Absolutely not.”

The Morris Tribunal is hearing claims some 12 people – many related to the McBrearty family – were interrogated, intimidated and abused during the botched death probe.

Gardaí believed Mr McBrearty Jnr and his cousin Mark McConnell had killed Raphoe cattle dealer Richie Barron after his body was discovered at the roadside in the early hours of the morning.

However, it was later ruled Mr Barron was the victim of a hit-and-run rather than assault. No-one has ever been charged in relation to his death on October 14, 1996.

The tribunal has found all those detained were wrongfully arrested.

Frank McBrearty Jnr was arrested on December 4, 1996 and on February 4, 1997 - he was taken to Letterkenny Garda Station on both occasions.

Mr McBrearty Snr was arrested in December 5, 1996 on suspicion of attempting to bribe witnesses and he was held for 14 days as he was hospitalised due to his heart condition on two occasions during the arrest.

Mr Doherty said if the word intimidation was written in the statements of the young women in relation to Mr McBrearty Snr then they must have said it.

“I wouldn’t be stupid enough to write anything in my statement that wasn’t said,” he said.

“I didn’t go out there with a hidden agenda to find people to say the word intimidated… that suggestion is ridiculous.”

Pat Marrinan SC, counsel for the Garda Commissioner, during the cross-examination, asked: “What is being hinted at by Mr Barr that you might have had some sort of agenda against Mr McBrearty Snr either personally, or that you were reflecting some greater agenda that garda management had against him.”

Mr Doherty said: “I was delighted, I have six children, to get out and get a few extra pound and that was my only agenda was feeding my family, and three foster children that I had at the time at home, I had no agenda other than to put bread on the table.”

The tribunal will resume on Monday with the module into the detention of Mr McBrearty Jnr.

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