Charges arising out of the Carty report on alleged corruption within the Garda in Donegal are being considered and are likely to be preferred soon.
The report, by Assistant Garda Commissioner Kevin Carty, has been with the Director of Public Prosecutions for several months.
It investigated allegations that gardai in Donegal had been involved in corrupt practices, including illegally handling drugs and explosives and harassing the McBrearty family in Raphoe. The DPP dropped 160 charges against members of this family last year.
It is understood the Carty report recommended prosecuting individuals both inside and outside the Garda. The DPP has made some decisions to prosecute and others are likely to be made within weeks.
According to sources, reports in the media at the weekend that a decision had been made not to prosecute were wrong. These reports apparently arose from remarks made by counsel for the State in an unrelated case last week. The defence sought to adjourn the case indefinitely, arguing that it anticipated a public inquiry and prosecutions arising out of the Carty inquiry.
It is understood the defence based its argument on the fact that two gardai involved in the investigation of its clients were named in the Carty report. These gardai were based in Dublin and were in Donegal during some of the incidents inquired into.
Mr George Birmingham SC, who appeared for the DPP in the case, yesterday said he had argued against the application, stating there would be no prosecution on "this aspect of the matter", a clear reference to the Dublin gardai.
"I am not appearing in the Donegal inquiry," he said.
"We furnished a document to the defence relating to the inquiry in Donegal, so that they could make an argument as to its relevance. But we made it clear that we would argue that there was no relevance. There are no Donegal gardai who have anything to do with this case."
Solicitors for Mr Frank McBrearty welcomed the clarification. Mr Ken Smyth of Binchy's Solicitors said he was "less dismayed" to hear that the DPP's decision related only to four Dublin-based gardai, rather than all the officers who had been involved in the investigation.
He said they would, on behalf of Mr McBrearty, consider taking private criminal proceedings against gardai they believe have a case to answer, "who don't have to face the test of proceedings against them, whoever that may turn out to be".
Mr Jim Higgins of Fine Gael described this latest development in the McBrearty case as "appalling". The part of Mr Carty's report "dealing with the McBrearty aspect" should be published immediately, he said.
Meanwhile, an application for discovery of certain documents in the Carty report will be made next week when lawyers for another Donegal club-owner, Mr Frank Shortt, will seek a certificate of miscarriage of justice.
This arises from a successful appeal last November by Mr Shortt against a conviction for knowingly allowing drugs to be sold in his nightclub, for which he served a three-year sentence.
A certificate of a miscarriage of justice would clear the way for seeking compensation from the State.