Two of the senior gardaí singled out for criticism in last week's second report from the Morris tribunal investigating Garda corruption in Donegal are to retire, it was announced late last night.
Garda Commissioner Noel Conroy yesterday met with Supt Joseph Shelley and Det Supt John McGinley and according to a Garda statement the two officers gave him notice of their retirement, effective from July 31st.
In relation to the Garda investigation into the death of Donegal man Richie Barron, Mr Justice Frederick Morris found that the leadership of the investigation was "prejudiced, tendentious and utterly negligent in the highest degree".
He added that Det Supt Shelley and Det Supt McGinley both "share in various degrees the burden or fault for this matter" along with other senior garda;, Chief Supt Denis Fitzpatrick and Supt John Fitzgerald.
The Morris tribunal found that gardaí in Donegal attempted to frame Frank McBrearty jnr and his cousin Mark McConnell for Mr Barron's murder when in fact he had been the victim of a hit-and-run in 1996.
Meanwhile, the State is expected to have to pay a record compensation bill to over a dozen people wrongfully arrested and harassed by Donegal-based gardaí following the decision by Minister for Justice Michael McDowell last night to concede liability to one of the central figures. The case taken by Frank McBrearty jnr, who is pleading wrongful arrest by Donegal-based officers following the death of Raphoe cattle dealer Mr Barron, is due before the High Court on June 21st.
Speaking on Dublin radio station Newstalk 106's The Right Hook yesterday, the Minister for Justice, Equality and Law Reform said: "In the context of the forthcoming claim by Frank McBrearty to the High Court, it is my intention to amend the pleadings in the case to concede liability."
The manner of the declaration surprised Mr McBrearty's solicitor, David Walley, who pointed out that up to 40 separate compensation claims have been lodged by people arrested or harassed by gardaí, though he said he expected the State would shortly begin talks to attempt to agree an out-of-court settlement.
Backed by the findings of the Morris tribunal, Mr McBrearty's case is first in the queue because the Garda extracted a false confession from the Raphoe publican's son and because he has not worked since the affair began.
Last night, a spokesman for the Department of Justice said liability was being conceded in Mr McBrearty's case and no decisions had been made in regard to other cases.
Mr Walley complained: "Common courtesy would have suggested that [ Mr McDowell] would have made contact with the families, or the families' lawyers, when conceding liability, but common courtesy is not something that my clients have been shown by emanations of the State since October 1996."
Mr Walley represents a number of those seeking compensation, including Mr McBrearty jnr and his father, Frank snr; Mark McConnell; Michael Peoples and his wife, Charlotte; Seán Crossan; Edele Quinn and Marty McCallion.
Asked if he believed that "the innocent in Donegal" deserved an apology, the Minister told the radio show: "Well, I've no doubt that they do.
"On behalf of successive ministers for justice, particularly members of the government who were in office at the time when all of these things happened and when morale collapsed to such an extent that these things took place in relation to the McBreartys, I think that the Irish State does owe them an apology.
"I have no doubt about that and I don't think anybody reasonable could think otherwise."