The Department of Justice has defended paying for the legal representation of a number of gardaí severely criticised in the Morris tribunal report.
The serving and retired gardaí, including superintendents Joe Shelley and John McGinley, were represented by the same legal team of three barristers representing the Garda Commissioner and 70 other officers, and who were instructed by the Chief State Solicitor's office.
Both men, the two most senior serving officers criticised in the report, are to meet superiors at Garda headquarters in Dublin to discuss their future.
There is speculation that both may take the option of early retirement on full pension. If not it is expected that Minister for Justice Michael McDowell will move to have them dismissed. The cost to date to the State of the representation of serving and retired gardaí has been €2.7 million.
The Labour Party has questioned this arrangement in the context of the Government's refusal to underwrite the legal costs of the McBrearty family and their associates. The tribunal has found that Frank McBrearty jnr and his cousin, Mark McConnell, were victimised and falsely accused of murder by gardaí investigating the death of Richie Barron in 1996.
"It's unlikely that the Minister can seek the recoupment of fees from any of the gardaí, on the basis of the report's findings," Labour's justice spokesman Joe Costello said yesterday.
"It's somewhat ironic then that the State has refused to fund the legal costs of the victims in all of this, the McBrearty family."
Mr McDowell has said it is within the remit of the tribunal to decide on the awarding of costs on the basis of co-operation with the tribunal, and that he was confident the McBrearty family would be looked at sympathetically.
A spokeswoman for the Department of Justice said yesterday the Government had decided to give the option of providing legal representation to gardaí involved in submitting evidence to the tribunal, in order to reduce costs and time. She said the State could not have made a decision to prejudge any officer by refusing them the facility before the tribunal had made its findings.
The tribunal does have the power to make cost findings against individuals it has found did not co-operate or obstructed its inquiry.
As part of their representation, the legal team for the gardaí, including Garda Commissioner Noel Conroy, made a submission claiming that the investigation into the death of Richie Barron "was run in an efficient and thorough manner".
Mr Conroy distanced himself from the submission on Thursday, with a spokesman stating this had not been the commissioner's view.
Nearly 70 serving and retired gardaí availed of the option to be represented through the official Garda legal representation. A number of others decided to be represented by legal teams put together by the Garda Representative Association and the Association of Garda Sergeants and Inspectors.
While most gardaí who availed of the Garda legal team were not criticised in the report, a number them were severely censured.
These include superintendents Shelley and McGinley, along with Supt John Fitzgerald and Chief Supt Denis Fitzpatrick, who headed the Barron investigation, which was described by the report as "prejudiced, tendentious and utterly negligent in the highest degree".
Former commissioner Pat Byrne, who was in charge of the force at the time of the Donegal incidents, declined to comment on the findings when contacted yesterday. Although Mr Byrne was not specifically criticised in the report, the overall management of the force at the time is condemned.
Meanwhile, video footage of the arrest and detention of Frank McBrearty jnr in Letterkenny Garda station was revealed on TVlast night. The leaked footage, televised by TV3 News, showed Mr McBrearty being arrested and taken to Letterkenny station on February 4th, 1997.
Mr McBrearty, clearly under pressure, threatens to kill himself and lies on the floor refusing to co-operate with gardaí. He is verbally abused by gardaí and dragged into a cell. A garda is heard cursing at him and saying "you're a very sad looking article lying there".
He is later removed from the cell and questioned by Garda John O'Dowd and Sgt John White but does not say anything and refuses to sign a statement.
The footage was part of an hour-long tape received by TV3 and, according to reporter Jerome Hughes, there may be a further 40 hours of tape showing Garda treatment of Mr McBrearty. He said he got the tape from a third party, and not the Garda or the McBreartys.