The McBrearty family last night said they would not be returning to participate in the Morris tribunal despite the fact that their legal representatives have been awarded full costs.
Frank McBrearty jnr told The Irish Times his family's legal representatives had worked on the tribunal for almost two years before the family withdrew from the proceedings in May 2004.
"They haven't been paid a penny yet for that work and it may be another two years before they see any of the money depending on what challenges might be made [to their application for payment]." He said the tribunal would need to address a number of matters before his family would consider returning.
"We would have to be guaranteed all of our costs, just like the Garda Commissioner and the Minister for Justice. The terms of reference would also need to be widened to include the role of the State, the Attorney General, the commissioner, the Minister and the Department of Justice in what happened to us".
His family was also unhappy that the second module of the tribunal, into the death of Richie Barron and the extortion phone calls to Michael and Charlotte Peoples, had been concluded without "200 vital witnesses" being cross examined.
The McBreartys and the McConnells were awarded legal costs to May 27th, 2004, at which point they withdrew their legal team and attended the tribunal for a time by themselves.
Mr Justice Frederick Morris noted in his costs ruling for the second module, which was published last night, that there was no legal basis upon which a lay litigant could be awarded any costs. However he wished to "acknowledge the onerous burden assumed by Frank McBrearty jnr and Mark McConnell in acting on their own behalf during the tribunal's hearings".
Mr McConnell was wrongly arrested, with his cousin Frank McBrearty jnr and Michael Peoples, in relation to the murder of Richie Barron in Raphoe, Co Donegal, in 1996. It has subsequently emerged that Mr Barron died in a hit-and-run.
Mr Justice Morris has also awarded full legal costs for the second module to the Garda Representative Association and the Association of Garda Sergeants and Inspectors.
However, other parties involved in the module were granted only partial costs or were refused. None of the costs have yet been determined. They will be decided on by the Taxing Master.
