Tribunal told roofing contractor was 'under pressure'
A Co Tyrone man told the Morris Tribunal today he felt under pressure by gardai to give evidence in a criminal assault charge against a Donegal publican.
Edmund Moss, a roofing contractor from Castlederg, told the tribunal he received injuries including a fractured leg following an incident at Frankie’s Nightclub in Donegal at the end of December 1996.
However, the tribunal heard he later met with nightclub owner Frank McBrearty Snr and was paid £10,000 (€14,950) to drop any civil action.
Mr Moss told the tribunal he wrote a letter to the gardai withdrawing his complaint against Frank McBrearty Jnr and a number of bouncers. However, officers told him they were still persisting with the criminal case.
“The presence of the two gardai in the room made me feel their criminal case against the McBrearty’s was out of my control. I had no say in keeping going ahead with it, I had no axe to grind with Mr McBrearty after that,” he said.
Mr Moss said he felt under pressure by Sgt John White to proceed with the criminal action.
“I felt compelled to be a witness,” he said.
The criminal court case went ahead and a jury found Frank McBrearty Jnr not guilty of assault.
At the time Raphoe gardai were investigating the death of cattle dealer Richie Barron in a hit-and-run collision. Gardai initially believed he was murdered and were working on the theory Frank McBrearty Jnr and Mark McConnell were involved in the death.
They wrongly arrested Mr McBrearty Jnr and several members of his family during the botched murder probe which led to the setting up of the Morris Tribunal.
Mr Moss said he felt gardai were harassing him into going ahead with the court case.
The tribunal heard he authorised his solicitor to send a letter to gardai stating he felt he was being harassed by officers over the case.
“They would have asked me face to face it was only Sgt White was there and I could see he was agitated about the fact the letter was sent,” he said.
Mr Moss said when he went to the garda station to withdraw his complaint he felt there was pressure being placed on him.
“If it wasn’t for the pursuits of Sgt White I wouldn’t have been at the court case either,” he said.
Solicitor Paudge Dorrian, for former Det Sgt White, said: “Would you tell me one sentence of pressure put on you by John White?”
“When I went to withdraw my complaint I was asked how much I’d received and I was told by Sgt White ’We could have got you more’,” he said.
Mr Moss said he had not paid much attention as he should have to statements taken at the time as he was just 23 years-old.
He said he had come to the tribunal of his own free will after he was contacted.
Mr Moss’s own barrister, Des Dockery, said: “Why did Sgt White ring your mobile and leave a message the other day about coming here, what did he say?”
Mr Moss said: “He said that he was doing a favour to the summons server to the tribunal. He said it was no skin off his nose whether I attended or not and that he was putting no pressure on me whatsoever to attend, be self-assured about that, was his exact words.”
He said the former detective sergeant must have kept his phone number but he could not remember him ringing him in the intervening years.
“I was surprised that he rang me,” he said.
Mr Dockery said: “When he told you you were under no pressure, did that make you feel you were under no pressure or did that in fact make you feel you were under some pressure?”
Mr Moss said: “It made me feel I was under pressure.”
