Former minister for justice John O'Donoghue has told the Morris tribunal that he was "highly sceptical" of claims of high-level Garda corruption brought to him by two Opposition TDs in June 2000, but he referred them to the Garda commissioner to be properly investigated.
Mr O'Donoghue said that he met the then Garda commissioner, Pat Byrne, and deputy commissioner Noel Conroy the day after the allegations were brought to him by Jim Higgins, then Fine Gael justice spokesman, and Labour's Brendan Howlin.
"I believed that the matter should be looked at and treated seriously," he said.
Mr O'Donoghue said that he would have been "immensely surprised" if there was an "iota of truth" in the allegations. He felt that the motive behind the allegations was to create a public inquiry into Garda actions in Donegal. The TDs were neutral on whether they believed the allegations, he added.
The former minister told Frank McBrearty snr that it was never his intention, or the Government's intention, "to try and hide anything", but to "ensure that justice was done".
"It is my fervent wish, Mr McBrearty, that justice is done to you and to everyone else," he told the publican.
Retired detective garda James Madigan told the tribunal that, after his arrest in December 1996, Frank McBrearty snr "spoke to me about the way he was treated".
"He had a grievance in relation to the way he and some members of his family were treated," he said.
Mr McBrearty also complained about the large number of inspections of his pub and nightclub business. "I had never in my experience in the guards seen any licensed premises get the attention his licensed premises did," Mr Madigan said. "My opinion was that Mr McBrearty was being harassed in the licensing prosecutions."
Mr Madigan said that in 1999 Supt Kevin Lennon spoke to him about a disputed statement of admission attributed to Frank McBrearty jnr and said he "believed that the statement was a fabrication". Supt Lennon also said he had been told by the Director of Public Prosecutions that he had serious doubts about the statement.
Mr Madigan also said he had not told Insp Pat Brehony in September 2000 that "a lot of retired and serving members in the division are talking to Jim Higgins". He continued: "There has to be some sort of mistake. I am saying here under oath that I had no information that anybody that I know from Donegal approached Jim Higgins in relation to any matters in Donegal."
Insp Brehony spoke to Mr Higgins while investigating allegations made in an anonymous fax sent to Mr Higgins.
Mr Madigan said that after he read about it in the newspapers Frank McBrearty told him that he had faxed the anonymous allegations to Mr Higgins and a journalist. He said that he did not know the identity of Mr McBrearty's source.