Department fails to contact 'vindicated' Gallagher family

The Gallagher family whose farm in St Johnstone, Co Donegal, was searched for several days for IRA arms has not been contacted…

The Gallagher family whose farm in St Johnstone, Co Donegal, was searched for several days for IRA arms has not been contacted by the Department of Justice since the second interim Morris report found the operation was based on false Garda information.

Jim Gallagher, who is bringing a civil case for damages as a result of the search, said the department had not even entered a defence in response to their High Court case.

On Tuesday Minister for Justice Michael McDowell said the pleadings in cases brought by the McBrearty family would be changed, but to date no one has contacted the Gallagher family, whose farm and plant hire business suffered as a result of the search.

Following Mr McDowell's announcement, the Gallagher family's solicitor, Ken Smith, said he would write to the department asking if the Gallagher case would be treated as an assessment given the McBrearty decision. This would mean the State would concede the case, and court hearings would only have to address the amount of damages.

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"This family was vindicated in the first and second report of the Morris tribunal," Mr Smith said.

"Judge Morris - our family think he did an excellent job. He showed great courage," said Mr Jim Gallagher. "To watch Morris's face while these people were up lying and being unco-operative was just unbelievable. His frustration must have been unbelievable."

Mr Gallagher said his family felt "no one was listening".

"We had to fight tooth and mail just to get in the door at the Morris tribunal," he said.

Mr Gallagher also criticised the Garda Commissioner, whose legal team represented senior officers criticised in the Morris reports.