Morris tribunal:A former Garda sergeant has claimed that he became a "hate figure" and the victim of a campaign by publican Frank McBrearty snr which destroyed his reputation.
The claim was made in a submission to the tribunal by lawyers for former detective sergeant John White, who was dismissed from the Garda last year.
The tribunal, which had criticised Mr White in three separate reports, held its final oral hearing yesterday.
It was set up in 2002 to inquire into complaints against some gardaí in the Donegal division, and is expected to publish its final reports in the spring.
In a written submission to the tribunal, the legal team for Mr White argued that its client became a "hate figure" for Mr McBrearty snr because of his attempt to enforce liquor licensing and public order laws in the town of Raphoe.
The lawyers submitted that no findings could be made against their client based on allegations from Mr McBrearty, "by reason of his refusal to attend the tribunal".
Mr McBrearty gave evidence to the inquiry earlier this year during the harassment module, but did not return to the tribunal to complete his evidence or face cross-examination.
He claimed his family and business were targeted by gardaí after they were wrongly identified as murder suspects following the hit-and-run death of local cattle dealer Richie Barron.
The tribunal has found that none of those arrested during the botched Garda investigation had any involvement in Mr Barron's death.
Cormac Ó Dúlacháin SC and Mairead Carey BL argued that allegations of harassment were used by Mr McBrearty snr "as a shield to insulate Mr McBrearty from the normal obligations attaching to any citizen to obey the law".
"At all times sergeant White was carrying out his duties in a dedicated and lawful manner in circumstances of exceptional and unprecedented opposition to the authority of the gardaí and the State," they said.
The submission went on to argue that Mr McBrearty snr "was not a fit person to be in charge of a licensed premises, he had no sense of social responsibility, no inclination to assist the gardaí, no interest in public order and no intention of complying with any law applicable to his premises."
They also argued that Mr McBrearty snr conducted a campaign against Mr White which achieved the objective of destroying their client's reputation, and led the tribunal to "erroneous findings" against Mr White, resulting in "his wrongful dismissal from the Garda Síochána".
Tribunal counsel Paul McDermott SC said yesterday during its brief final hearing it had now heard evidence on matters relating to its terms of reference.
During the five-minute session, he said written submissions had been received on the harassment module, and there would be no oral submissions on the harassment or Garda complaints modules. Decisions on costs for legal representation in the outstanding modules will be posted on the tribunal website.