A bar manager has told the Morris tribunal that gardaí targeted the business of Raphoe nightclub owner Frank McBrearty snr with a regime of inspections under liquor licensing laws following the arrests of 12 people in December 1996.
This was during the murder investigation following the death of Richie Barron, a hit-and-run victim.
John Mitchell worked for the nightclub owner at the time and kept a diary of all the Garda inspections in the months following the arrests.
He told the tribunal that other licensed premises were not inspected with the same frequency as Mr McBrearty's nightclub. However, he said the bar in the Parting Glass nightclub was reopened after gardaí left the premises following inspections.
"That's the way it was in every premises. There was nobody coming in to close any premises. That was just the way it was. There were public bars that should have been closed at 11.30pm that were able to open later than we were able to," Mr Mitchell said.
Tribunal barrister Anthony Barr SC said gardaí were putting the case that the new inspection regime, which began in January 1997 after Det Sgt John White was transferred to Raphoe, was part of "a generalised clampdown on late opening" in Co Donegal.
"I would disagree with that," Mr Mitchell said.
"One of the nights, my wife was in a premises a few doors down from ours and he [ White] had come in and closed our premises and he entered that premises. She was at a function at it and he just stood at the door . . . and seen that the bar was open and just turned and walked away. That was after closing our premises. This was in Raphoe."
Mr Mitchell also said that there were constant checkpoints stopping traffic on its way to Mr McBrearty's nightclub, whereas before 1997 "you would be lucky if you seen it once or twice in six months".
The bar manager said Garda activity eased off in the second half of 1997, but did not cease totally.
Mr Mitchell said that eventually he had to leave work for several months because of the stress he was under. "It was just the build-up of pressure, from everything, from being harassed," he said.
He said he kept a diary of the inspections, but could not remember if he was told to do this by Mr McBrearty's lawyers or by barrister Billy Flynn.
The tribunal is dealing with allegations of Garda harassment made by the extended McBrearty family and the effectiveness of the Garda Complaints Board in dealing with the complaints of the McBrearty family and others between 1997 and 2001.
The majority of the complaints relate to summonses served against the Parting Glass nightclub, Mr McBrearty's licensed premises.
Mr Mitchell also denied he was "aggressive and unco-operative" when Det Sgt White called to inspect the nightclub.
"I wouldn't be aggressive," he said. "It's not in my nature to be aggressive."