Suspect's signature on 'confession' genuine, say experts
Two handwriting experts today said Frank McBrearty Jnr was the author of a contested signature on an alleged confession into the death of a Donegal cattle dealer.
John Lynch, a former Detective Sergeant with the Gardaí, said he was satisfied the signature on the disputed statement was that of Mr McBrearty Jnr after comparing it with 16 signatures from direct debits and other correspondence from the Donegal publican.
“I found significant similarities and no differences between that questioned signature on the statement with the other 16 signatures. In my opinion Frank McBrearty Jnr, the author of the other 16 signatures, wrote the signature on the questioned statement on the 4th of December 1996,” Mr Lynch, who is a handwriting expert and forensic document examiner, said.
Mr McBrearty Jnr and his cousin Mark McConnell were arrested by gardaí who believed they had killed Raphoe cattle dealer Richie Barron whose body was discovered by the side of the road. It was later ruled that Mr Barron was the victim of a hit-and-run rather than assault.
During the botched death probe, Mr McBrearty Jnr was arrested on December 4, 1996 and taken to Letterkenny Garda Station.
Mr McBrearty Jnr has complained that he was continuously abused during his 12 hours in custody.
The publican has told the tribunal he does not know how a signature purporting to be his got on to a piece of paper containing the false confession. He says he did not make a confession and it was manufactured by gardaí.
The disputed statement outlines an assault on Richie Barron, a cattle dealer from Raphoe, who died in October 1996.
Mr Lynch, who retired from his work at the Garda Forensic Laboratory last year, said: “I found no evidence of any forgery, copying or tracing, or simulation of the questioned signature.”
He said there was no indentation on the statement, hesitation or tremor in the signature. Mr Lynch said other telling signs would have been pen lifts where the author is looking at the original signature, lines inked in or dots.
“On a scale of one to 10 as to whether that is the signature of Mr McBrearty, I would give it 10, I would be happy enough that it is his signature, I have no cause for doubt that it is his signature,” he said.
Mr Lynch said Mr McBrearty signed the ’ty’ at the end of his name in a distinctive fashion.
“The ’ty’ is rather ornate it is a drawing rather than actual letters, and it is a squiggle, it is very personalised and that is in all of the signatures,” he said. “This would be quite hard to copy or to simulate.”
James Nash, an expert on handwriting analysis, said he compared around 40 signatures from Mr McBrearty Jnr with the statement.
Mr Nash said there were elements of Mr McBrearty’s signature that would be difficult for a forger to copy.
“On the basis of my finding no evidence of forgery or hesitation or tremor, or any evidence that would indicate forgery. I can only come to the conclusion that it is the signature of Mr McBrearty Jnr,” he said.
The Morris Tribunal is examining claims some 12 people – many related to the McBrearty family – were interrogated, intimidated and abused during the botched death probe.
