The State and Garda Commissioner are expected to outline to the High Court this month their position on liability in an action for damages by publican Frank McBrearty snr arising out of his arrest and treatment by gardaí during their investigation into the death of cattle dealer Richie Barron in Co Donegal 11 years ago.
The action is being brought by Mr McBrearty, from Raphoe, Co Donegal, his wife Rosalind, and their firm, Frank McBrearty and Co Ltd, against the commissioner of the Garda and the State in relation to their treatment following the death of Mr Barron in Raphoe in 1996.
The case has been fixed for hearing at a special sitting of the High Court in Castlebar on October 2nd, and Martin Giblin SC, for the McBreartys, told the court this week his clients were very anxious that the case proceed then. They had been waiting for 11 years, and would be psychologically affected if the action was not heard.
He would object to any attempt to adjourn that hearing date. His clients had a constitutional right to access to the courts and to a speedy trial, and had been seeking furiously to exercise that right. However, the defendants had advanced a series of ingenious reasons for the case not to proceed.
Paul Burns SC, for the defendants, said his side was anxious the case proceed as an assessment of damages only, and wanted to avoid a rerunning of the Morris tribunal.
His side would seek an adjournment if there were efforts made to introduce "inflammatory evidence".
His side had accepted liability, and was also prepared to make a very substantial interim payment to the plaintiffs to address financial hardship in the event of an adjournment.
The matter was adjourned to yesterday to allow both sides consider what had been said.
Yesterday, Mr Justice Paul Gilligan, after hearing both sides, said he was adjourning the matter until July 24th, when it would be appropriate that the issue in relation to liability be dealt with.
Mr Giblin said it would be helpful for his client to known the defence's position before the end of the current legal term.
Mr McBrearty snr was arrested in December 1996 by officers investigating the death of Mr Barron.
His son, Frank jnr, and nephew were also arrested as prime suspects in the murder case, but it was later found that Mr Barron died in a hit-and-run incident and that the family were innocent of any involvement in his death.