A retired Garda superintendent has said he did not order a "get-tough" policy on policing late-night drinking in Donegal a decade ago. John Fitzgerald said he issued an order to enforce licensing laws in the town, but said the law should be applied "with reasonableness and discretion".
A January 1997 direction to enforce the operational order - drawn up by a Letterkenny sergeant - called for licensing laws to be "strictly enforced".
"This is a simple get-tough policy and no nonsense should be taken from anybody either on the public street or involved in the licensing trade," it stated.
"I haven't seen that before," Mr Fitzgerald said when shown the direction. "A get-tough policy, that wouldn't be my language.
"But having said that, I consciously made out that order and I would hope that it would be adhered to."
Raphoe publican Frank McBrearty snr claims gardaí targeted his nightclub and tried to drive him out of business after his family became suspects in a botched murder investigation following the hit-and-run death of cattle dealer Richie Barron.
But gardaí say inspections of Mr McBrearty's nightclub were made following an order similar to the one issued in Letterkenny.
Mr Fitzgerald said he had sought extra manpower, but did not know Sgt John White would be sent there until after the transfer took place.
He said after Mr McBrearty snr complained that the sergeant had his business "haunted", he spoke to Sgt White himself.
Sgt White told him he was calling to all pubs in Raphoe, and "treated them all the same". Mr Fitzgerald said he advised Sgt White to leave Mr McBrearty his dignity.
"Don't come the heavy, that's the advice that I gave him," he said.
Mr McBrearty snr complained within a week of the appointment of the new sergeant that increased drink law inspections would drive him out of business, Mr Fitzgerald said. His journal showed that the publican called to see him on January 18th, 1997, seven days after Sgt White arrived in the town.
Sgt White had made two inspections of the business by the time Mr McBrearty complained, the tribunal was told.
"He said that John White was giving him undue attention, and if he continued at the rate he was going, he would put him out of business," Mr Fitzgerald said.
"He felt he was being singled out."