The award of almost €2.5 million to Frank McBrearty snr in respect of damage suffered by his business as a result of Garda harassment marks the end of a legal saga. A decade ago, the Raphoe publican first sought an injunction to stop excessive Garda attention to his music venue.
Mr Justice Paul Gilligan awarded the company €1.5 million in compensation for lost profits, €550,000 for lost business opportunities, and €450,000 for a loss in capital value.
More than €25,000 was also awarded in fees for auditors and accountants. The taxpayer is expected to have to pick up the tab for the legal costs of both sides, which are yet to be decided but are estimated to run to some €800,000.
The award is unlikely to be the last, as Judge Gilligan next week begins hearings into personal cases brought by Mr McBrearty and others arrested during the botched Garda investigation that followed the hit-and-run death of cattle dealer Richie Barron.
The publican has already given evidence at the Morris tribunal concerning his arrest in December 1996, during which he was held for a total of 14 days as he was hospitalised suffering from high blood pressure and possible symptoms of imminent stroke and heart attack. He has also given partial evidence to the tribunal about the campaign of harassment that he says began shortly after his release from Garda custody, but has yet to complete his testimony or face cross-examination. While the State conceded liability in civil proceedings in Castlebar, lawyers for the Garda Commissioner continue to defend several officers against harassment claims at the tribunal.
Earlier this year Mr McBrearty admitted to the tribunal that alcohol was served after trading hours in his nightclub, but said he was singled out for special attention while Garda authorities turned a blind eye to similar practices in nearby towns. It is unclear if he will return to the tribunal before it concludes, given that several dozen related civil claims will run in parallel at the special High Court sittings in Castlebar.
Frank McBrearty jnr has already reached an out-of-court settlement for €1.5 million, and Róisín McConnell reached a six-figure settlement with the State several years ago. But subsequent revelations at the tribunal about her treatment in Garda custody may mean that her case will be reopened.
Ms McConnell's husband Mark, who was also arrested, is a nephew of Mr McBrearty snr. His case is scheduled for hearing in Castlebar in coming months.