Frank McBrearty jnr, the man wrongly accused of the murder of Donegal cattle dealer Richie Barron, is due to travel to the United States this morning. He was denied permission to enter the country yesterday by US immigration officials at Dublin airport.
He believes details of a number of offences of which he was cleared remain on the Garda Pulse computer system and were accessed by US immigration officials yesterday.
This is despite Garda assurances that all such records had been erased.
Mr McBrearty jnr, who last month settled his legal actions against the State for €1.5 million, was due to board an American Airlines flight to Chicago from Dublin airport at 12.30pm with his wife and three children when he was questioned about his past by US immigration officials and refused permission to board the aircraft.
Speaking to The Irish Times at Dublin airport, Mr McBrearty jnr said the US immigration officials accessed details on the Garda's Pulse computer of an assault in 1996 on Edward Moss, of which he was acquitted.
He said the immigration officials told him he was being denied permission to enter the US on the basis of this.
Mr Edward Moss lived in Castlederg, Co Tyrone, and on December 29th, 1996, visited Frank McBrearty snr's nightclub in Raphoe, where he claimed he was assaulted by Mr McBrearty jnr.
Mr McBrearty jnr has instructed his solicitor David Walley to begin a legal action to ensure all allegations of which he was acquitted are erased from the Garda computer.
"Technically, my name is not cleared," he said.
"I have no criminal record, but I'm still being classed as a criminal. Why else would I be refused access to the States? I'm an innocent man and the Morris tribunal has said I am an innocent man. I'm devastated and humiliated.
"My passport is basically no use to me because I can't leave the country. You'd have to ask why did they bother settling my actions and give me €1.5 million.
"I've spent €3,000 on tickets to go and see my two brothers in Chicago for a holiday. But the money is not the issue.
"My wife was devastated, I was threatened with arrest, and my three children were all roaring crying."
Mr McBrearty jnr, his wife Patricia, and three daughters Shantel (15), Shannon (10) and Leanne (9), had checked in for their flight and had reached the US immigration post near their boarding gate when US officials questioned him and informed him he was being refused permission to board.
Mr Walley said the US embassy in Dublin had informed him that because some of the information on Mr McBrearty jnr's immigration paperwork was not accurate, he had made himself ineligible to enter the US without a visa, under the visa waiver system and that he must apply for a visa which could take three days.
However, the Department of Foreign Affairs made representations to the US embassy in Dublin on the McBreartys' behalf and the family was told last night to present themselves to US immigration this morning and they would be allowed to travel.
The McBreartys, who live in Donegal, were planning to stay in a hotel in Dublin last night. They travelled to the US six year ago without incident.
A Garda spokesman had no comment to make on whether Mr McBrearty jnr's details were still on the Pulse system.
However, he believed US immigration officials would not have access to the system in the manner being alleged by Mr McBrearty jnr.
