A Donegal publican walked out of the Morris tribunal yesterday afternoon after refusing to answer questions put to him on behalf of gardaí he alleges mistreated him during his arrest a decade ago.
Frank McBrearty Snr clashed with the tribunal and George Bermingham, who represents the AGSI and several named sergeants and inspectors against whom Mr McBrearty has made allegations.
"Mr McBrearty is not only obstructing the tribunal but in my view is in deliberate contempt of the tribunal," the chairman said after a short adjournment.
He said he wanted to hear submissions from all parties represented at the tribunal on what they considered the appropriate course of action to take from their clients' point of view.
Mr McBrearty earlier revoked his consent to allow confidential notes taken by his solicitor when they met while he was under arrest in December 1996 to be handed over to the tribunal. The publican said he would hand over the notes only when certain conditions were met.
Mr McBrearty asked the tribunal to seek all statements ever made by four members of the National Bureau of Criminal Investigation and a full copy of the Carty report. He also told the tribunal he wanted any documents relating to follow-up investigations arising out of the Carty report, and a guarantee that his legal fees would be paid on the same basis as those of the Garda Commissioner.
Mr Bermingham asked why Mr McBrearty had a "change of heart" when yesterday he gave the tribunal a letter authorising them to seek the notes taken by his solicitor in 1996.
Mr McBrearty said he would hand over his papers when the tribunal handed him the papers he requested.
Mr Bermingham also asked Mr McBrearty why he had said in a statement of claim against the State that he was "assaulted" but was not now saying that.
Following heated exchanges, Mr Bermingham said to the chairman that he felt he was approaching a point where his clients would not get justice because Mr McBrearty was refusing to answer questions.
Chairman Mr Justice Frederick Morris told Mr McBrearty that Mr Bermingham was entitled to put questions to him on behalf of his clients and that he must answer them.
Mr McBrearty said he wanted to see the documents he had requested from the tribunal. Shortly afterwards, he left the stand, saying, "I'm not answering any more questions until I get legal advice . . . I'll see you in the High Court."