The long-running cases against a Raphoe publican and members of his extended family finally reached a conclusion in the district court in Letterkenny yesterday when the two remaining charges in the cases were withdrawn by the State.
At the outset of the hearing Inspt Eugene McGovern informed Judge Tom Fitzpatrick that he had received instructions from the Director of Public Prosecutions to withdraw all matters against the two remaining accused, Mr Martin McCallion, Oakland Park, Strabane, Co Tyrone and Mr Richard McBrearty, Tullyrap, Raphoe, Co Donegal.
Both had been accused of alleged assault at Meeting House Street, Raphoe, on December 22nd-23rd, 1997.
These were the remaining two charges pending in a saga that dated back to June 2000 when the DPP instructed that approximately 150 other related charges against the Raphoe publican and his extended family be withdrawn.
At yesterday's sitting Mr Peter Nolan BL said while he was delighted with the decision there were still a number of issues outstanding, namely the question of expenses.
He argued both clients had turned up on every occasion when their cases were listed while other members of the McBrearty family did likewise until the cases against them were withdrawn over a year ago.
He claimed he had only been informed of the DPP's decision the day before the court even though he believed a decision had been taken a long time ago, not to proceed with the cases.
He said the very fact the file had been sent to the DPP in these last two cases was "scandalous because once anyone read their statements one could see they had no case to answer".
"These were trumped up charges and the State resolutely refused to deal with them because they knew they had absolutely nothing against the accused. For cases to be withdrawn three years and nine months after they were initiated shows the off-handedness of the State in dealing with this matter. No citizen of this country should be treated like this.
"Indeed if I or my solicitors had not repeatedly asked for these matters to be withdrawn I have no doubt they would have been adjourned yet again. I am surprised the people who made these charges are not before this court on charges of public disorder," he said.
Mr Nolan said in fairness to the accused and all involved in the cases witnesses' expenses should be dealt with and he indicated that he would be in a position to submit a list of them in the very near future. Judge Fitzpatrick told Mr Nolan his clients could perhaps seek a civil remedy if they were refused.
As well as being reprimanded for the manner in which it handled the case, the State should offer an apology to all the accused in the cases too, remarked Mr Nolan.
"I thought this would be a very appropriate day for such an apology but by the look of things it's about as likely as snow in August," he claimed.
Insp McGovern said he was not in a position to indicate anything as he had not received any instructions except to withdraw the two charges.
Judge Fitzpatrick indicated that he was marking the charges against Mr McCallion and Mr McBrearty withdrawn with liberty to re-enter them in relation to the question of expenses only.
The judge also refused an application from Mr Nolan to allow Mr Frank McBrearty snr to address the court, saying he was satisfied Mr Nolan had done the job well enough. Mr Nolan indicated Mr McBrearty snr would get his chance to say what he wanted "in the highest courts of the land".