An interim report on a Garda investigation in Donegal into alleged garda misconduct has led to the adjournment of a court case involving a Raphoe publican.
At Donegal District Court yesterday, Judge John O'Donnell was told the report sent to the DPP by the investigating officer, Assistant Commissioner Kevin Carty, had brought matters to light that may be relevant to Mr Frank McBrearty's defence.
Mr McBrearty is claiming an abuse of process by certain gardai resulting in 160 summonses for breaches of the licensing laws, public order and road traffic acts against him, members of his family and staff. He is claiming the harassment, which began in 1997, is linked to the Garda investigation into the suspected murder of a Raphoe cattle-dealer, Mr Richard Barron, in 1996.
Judge O'Donnell has heard the evidence relating to the 160 summonses but he decided he would hear Mr McBrearty's allegations of abuse of process by gardai before delivering his determination.
Because of the internal Garda investigation under way in Donegal since February 1999, Mr Mc Brearty applied to the High Court and Supreme Court last autumn to have the hearing adjourned until the Garda investigation had concluded. This was denied by the former chief justice, Mr Justice Hamilton.
Mr Richard Lyons, prosecuting, told Judge O'Donnell yesterday that the DPP's office had "come into some information which may be of relevance to the defence, and I am now concurring with their application. There are now further documents that you may have to take cognisance of in deciding the case. The only pertinent thing that can be done is for the matter to be adjourned pending the outcome of the Garda investigation."
The investigation was expected to finish by the end of May, he said. "At that stage, the further matters that have come to light may be furnished to the defence. It would be the only thing to do in fairness to the defence, that the matter be adjourned."
Mr Peter Nolan, for the McBreartys, described the prosecution's application for an adjournment as "amazing".
"It is exactly the same application Frank McBrearty made and it was vociferously and vigorously opposed by the DPP. There were issues within the knowledge of the DPP that they did not want to air. They are now worried we did not receive all documents under disclosure. It is now patently obvious we did not receive full disclosure. The duty of disclosure on the State was not complied with.
"There were matters within the knowledge of the prosecution from an early date that they have never disclosed to us. We listed out a number of documents and were told they had no relevance. Now obviously they are relevant."
He said it was the duty of the State to inform him of the relevance of the new information. He was consenting with regret to the adjournment because after 37 days before the court the State had come in on a similar application made in the interest of Mr McBrearty and his family.
Judge O'Donnell granted the adjournment but reserved his right to make further comments.