Garda 'unaware' of summonses

A retired senior garda told the Morris tribunal he was not aware for two years of the number of summonses issued against members…

A retired senior garda told the Morris tribunal he was not aware for two years of the number of summonses issued against members of the extended McBrearty family a decade ago during what they claim was a campaign of Garda harassment.

Denis Fitzpatrick, a former chief superintendent, said he did not learn how many cases gardaí were prosecuting until he spoke with Mr McBrearty's solicitor in early 1999.

Over 100 summonses were served against Frank McBrearty snr, his business, his extended family and employees in 1997 and early 1998. The DPP withdrew all the charges in July 2000.

"I knew there was cases before the District Court. I knew they were dragging out," Mr Fitzpatrick said.

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He said it was not true he had given an order to "give them plenty of paper".

"That's not correct. I never gave anyone instructions like that," he said.

Mr Fitzpatrick, who offered his resignation to the Garda Commissioner after he was criticised in the first Morris report, said that Det Sgt John White was transferred to Raphoe in January 1997 because the sergeant there wanted a transfer.

Mr McBrearty snr claims gardaí launched a campaign to harass his family and drive his nightclub out of business in the year following the hit-and-run death of local cattle dealer Richie Barron, which was wrongly treated as a murder inquiry.

In the months following Mr White's arrival in Raphoe, the publican was served with 69 summonses for alleged breaches of the liquor licensing laws.

An additional 43 summonses were served on the extended family and employees for alleged public order and traffic violations.

The retired officer told the Morris tribunal he did not see any problem in publicly naming two men as murder suspects in reply to a civil action brought by Mr McBrearty snr in April 1997.

Frank McBrearty jnr and Mark McConnell were named in reply to an affidavit to the High Court after Mr McBrearty snr sought an injunction to stop what he claimed was excessive Garda attention to his business.

The two men were wrongly identified as suspects in the death of cattle dealer Richie Barron.

"I didn't see any problems in putting these things in. If I did, I wouldn't put them in," Mr Fitzpatrick said.