McBrearty hits out at McDowell for cancelling meeting

The man who was falsely accused of the murder of a Donegal cattle dealer tonight accused Justice Minister Michael McDowell of…

The man who was falsely accused of the murder of a Donegal cattle dealer tonight accused Justice Minister Michael McDowell of misleading the public.

Frank McBrearty Junior drove from Donegal to plead with Mr McDowell for a Government guarantee to pay their legal costs at the Morris Tribunal, which is investigation allegations of Garda corruption in the Donegal Division.

However, shortly before noon, he was told by Mr McDowell's private secretary that the 2pm meeting had been cancelled.

Mr McBrearty said the reasons given had come as a complete shock to him.

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"He has put the spin on it that we attached pre-conditions. We never put any conditions on that meeting."

He added: "We were prepared to go in and debate and talk to Mr McDowell about our costs. He is misleading the Irish public."

The McBrearty family have appealed to Mr McDowell for a legal costs guarantee since the Morris Tribunal was set up in 2002.

Frank McBrearty is currently taking a Supreme Court case against the Morris Tribunal for legal aid, while a petition is being sent to the European Parliament claiming the situation is a breach of his family's legal rights.

Mr McDowell had promised to meet Mr McBrearty after he met him in Belfast while he was canvassing for the SDLP last month.

However, he objected at the last minute to Mr McBrearty's plan to bring along group of relatives, including his cousin Mark McConell and his extended relative Michael Peoples. All three man were wrongly arrested for the murder of cattle dealer Richie Barron in Raphoe in County Donegal in 1996.

A post mortem exam of his exhumed body found that the most likely cause of death was a hit-and-run and ruled out an assault.

Mr McDowell said he had refused to attend the meeting after being told by his private secretary that the family wanted a guarantee of legal costs in advance.

"It is a matter for the tribunal to reward costs to those people who co-operate with it and it's a matter of fundamental importance that the tribunal should retain its authority in this matter and that I should not sweep away its role deciding who is and who is not entitled to costs," he told RTE.

Mr McDowell said it would be fundamentally unfair for him to start selecting particular witnesses and to give them preferential legal costs treatment.

He added: I can't make a special dispensation for them (the McBrearty's) and I am not willing to do it."

PA