McBrearty Jr aggressive and volatile, tribunal told
A publican wrongly accused of murder in a botched death probe was volatile, aggressive and abusive during questioning, it was claimed today.
Frank McBrearty Jr was at times co-operative and unco-operative with detectives investigating the suspected murder of a cattle dealer in Donegal, the Morris Tribunal heard.
Inspector Eamonn O’Grady said that although the prisoner spoke to officers, the wrong question could spark a furious response.
He described how Mr McBrearty Jr rose to his feet, swore at gardaí and was personally abusive during his 12-hour detention at Letterkenny Garda Station on December 4, 1996.
“Something I have learned, I suppose from that day and observing him since, perhaps the wrong question can spark a furious response at times,” said Insp. O’Grady of the national bureau of criminal investigation.
“He was both co-operative and uncooperative if I can say that. It’s very unusual.
“He would answer questions from time to time but it was how he would answer them.
“There were occasions he was calm.
“I am trying to be fair to the man as well. Maybe that’s his way, character, personality.
“Sadly we didn’t have audio-visual recording at that time, then one could see what took place.”
Mr McBrearty Jr and his cousin Mark McConnell were wrongly suspected of killing Richie Barron two months earlier.
It was later ruled Mr Barron was the victim of a hit-and-run. No-one has ever been charged in relation to his death.
The inspector – then a detective sergeant – and three other senior members from Dublin were present as observers when Mr McBrearty Jr was arrested while he drove two of his four children to school.
He recalled that around 10 gardaí in three cars were at the scene but told the tribunal he heard the suspect shouting and had no recollection of the children.
Tony Barr, SC for the tribunal, asked if the heavy Garda presence was to shock the youngsters.
“There was a consideration made by senior management Mr McBrearty Jr may not take kindly to being arrested and may need to be restrained,” said Insp. O’Grady.
“If I thought it was being done to shock the children I wouldn’t have participated with it.”
During his detention Mr McBrearty Jr claimed he was tortured, accusing gardaí of hitting and slapping him, poking him with a pen, and showing him graphic autopsy pictures of blood pouring out of Mr Barron’s head.
Gardaí deny the allegations.
The Morris Tribunal, which is investigating Garda corruption in Donegal, is currently hearing claims some 12 people – many related to the McBrearty family - were interrogated, intimidated and abused during the botched death probe.
