Bar manager ' knew' McBrearty was trading after hours

Morris tribunal: A Donegal man who worked for publican Frank McBrearty snr has told the Morris tribunal he does not know why…

Morris tribunal:A Donegal man who worked for publican Frank McBrearty snr has told the Morris tribunal he does not know why he is suing the State in the High Court.

John Mitchell, who worked as a bar manager for the Raphoe publican, agreed at the tribunal that he knew Mr McBrearty snr was trading after hours on the nights for which he received summonses to the District Court in the late 1990s.

The tribunal is examining claims that a regime of inspections of Mr McBrearty's nightclub to enforce the licensing laws were part of a general campaign of Garda harassment.

Mr McBrearty complained that as a result, his family had to fight over 100 summonses in the District Court for three years until they were withdrawn by the DPP in 2000.

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Tribunal chairman Mr Justice Frederick Morris told the witness it "doesn't make sense" that he would have no idea why a case was taken on his behalf.

"The case was taken on my behalf with all the other cases," Mr Mitchell said. "I was told that I had a legitimate case. So I said, well, do whatever you have to do." Mr Mitchell said he had only ever spoken to his lawyer, David Walley, on two occasions, and asked the tribunal to adjourn early for lunch so that he might consult the solicitor.

"I'm not answering any questions on my statement of claim, because I wouldn't be answering them honestly, because I don't know what it is," Mr Mitchell told the tribunal when it resumed in the afternoon.

"I don't know what's in the statement of claim so I'm not answering questions about it. I don't know what's in it."

Cormac Ó Dullacháin SC said it was relevant for him to ask Mr Mitchell about his claim against the State if he was to defend his client, former sergeant John White.

Mr Mitchell told the barrister that he could not answer several questions put to him on behalf of Sgt White.

The barman faces questions about a diary he kept recording Garda inspections of Mr McBrearty's nightclub from January 1997 onwards.