The Morris tribunal has said there will be a "last-chance opportunity" to take evidence from a Donegal publican held for 14 days in Garda custody a decade ago when it meets on November 20th in its Dublin offices.
Frank McBrearty snr appeared before the inquiry yesterday, but told the chairman he was not in a good frame of mind to give evidence.
Mr McBrearty told the retired High Court president that his nightclub suffered €300,000 of flood damage in September and was damaged again on Wednesday night with "serious water at the back of my premises".
He said he had been up until 3am, was "under severe stress" and "wasn't thinking straight".
Mr Justice Frederick Morris said the tribunal had come to Donegal to facilitate Mr McBrearty.
He accepted the assurance that Mr McBrearty would appear in Dublin and asked for an assurance that he would not walk out.
Mr McBrearty said he would speak to his lawyers, but he could not give an assurance before then that he would allow himself to be cross-examined.
"I have no doubt that his lawyers will advise him appropriately and that advice will be that he must co-operate with the tribunal," Mr Justice Morris said.
"Accordingly this is a last-chance opportunity for this module of the tribunal to be dealt with once and for all."
He said he had awarded costs to the McBrearty family at the conclusion of the Barron module, of a sum he believed was "well over six figures".
Mr Justice Morris was conscious that he had the option of seeking the assistance of the High Court, but he hoped Mr McBrearty would "see sense".
He also noted that he had the power to direct any persons responsible for delaying the work of the tribunal to pay the costs of "any module or piece or day's work of the tribunal".
He added: "I am going to have to consider and hear submissions as to whether or not the cost of bringing the tribunal down here to Donegal town should not be paid by somebody other than the State."
Later, retired detective garda Patrick Cafferkey told the tribunal that the decision to arrest Frank McBrearty jnr in front of his two young children "was the most stupid thing he ever saw in his life".
Mr Cafferkey was assigned to the arrest party on December 4th, 1996, when Mr McBrearty was arrested for the murder of hit-and- run victim Richie Barron. "Whoever made the decision made a stupid decision and that's my opinion."
The 35-year veteran said there was no violence from either Mr McBrearty or gardaí during or after the arrest, but said Mr McBrearty was "protesting vehemently" about being arrested in front of his children.
He said he had not struck Mr McBrearty at any time or put his knee to Mr McBrearty's chest, as was alleged by the publican in his evidence.