Judge refuses family request for extra counsel

MORRIS TRIBUNAL: Mr Justice Morris has refused requests for additional legal representation to members of the extended McBrearty…

MORRIS TRIBUNAL: Mr Justice Morris has refused requests for additional legal representation to members of the extended McBrearty family and their employees.

The McBrearty family claim they were subject to Garda harassment after they became suspects in the death of Raphoe cattle dealer Mr Richie Barron in 1996. Last year, the Morris tribunal heard evidence from Irish and British pathologists that Mr Barron's death was most likely a result of a hit-and-run.

Mr Cormac Quinn, appearing on behalf of the McBrearty family and others, said that there were now 46 members of the family and their agents involved with the tribunal, and because of the number of clients and modules, they required additional senior counsel.

Mr Justice Morris said the main burden of the work of the tribunal was borne by the counsel for the tribunal. The function of representation was to ensure that where allegations were damaging to the good name of any person, those accusations would be redressed.

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"It is my view that with representation of senior and junior counsel and solicitors, the interests of all of those parties will be adequately cared for," the retired High Court president said.

"If I come to a conclusion at a later stage that it's not possible to look after the interests of all of the people with their present representation, I reserve the right to direct that their interests be represented by an additional senior counsel."

Earlier, Det Garda Noel McMahon told the tribunal he did not remove steel mortar-like objects from the flat of alleged informer Ms Adrienne McGlinchey, but that she may have had the items herself between their discovery and a full Garda search.

Det McMahon, giving evidence for the 17th day about allegations that he organised bogus arms finds, said this was the only explanation he could think of for why the items had disappeared between their discovery by Ms McGlinchey's landlord and Garda Tom Rattigan on the morning of March 14th, 1994, and a full Garda search that evening.

"I certainly would have no reason to hide them," Det McMahon said.

Ms McGlinchey's barrister, Mr Paul Murray, asked the detective if Ms McGlinchey had also taken this opportunity to move ground fertiliser from the bags it was first seen in to the suitcases it was stored in by the time it was moved to Buncrana Garda station.

"I cannot answer that question," Det McMahon said.

The tribunal is examining claims that Supt Kevin Lennon and Det McMahon prepared explosives, together with Ms McGlinchey, for use in bogus Garda arms finds. Both gardaí deny these allegations, and Ms McGlinchey denies she was ever an informer or a member of the IRA.

"Are you making it up as you go along, changing your story as you get caught out?" Mr Murray asked.

"That's the second time you've asked that and I don't agree with it," Det McMahon replied. "I'm here doing the best I can to recollect something that happened years ago."