Morris Tribunal: The McBrearty family yesterday questioned a former head of Crime and Security Branch, the Garda intelligence branch, in closed session at the Morris tribunal.
Mr Frank McBrearty snr and Mr Frank McBrearty jnr were admitted to a closed session of the tribunal yesterday afternoon as the inquiry into Garda corruption in Donegal heard evidence in camera (closed session) from an Assistant Commissioner, Mr Dermot Jennings, currently in charge of the western region, based in Galway.
Yesterday morning Mr Frank McBrearty jnr asked to hear the evidence of the Assistant Commissioner, which related to Garda informers, but the garda's legal team objected.
However, Mr Justice Morris told the family he would alert them if any of Mr Jennings's evidence affected them.
Yesterday afternoon the tribunal met briefly in open session, and the chairman told the McBreartys that two pieces of information might affect them, and they were allow access to the private hearing.
Mr Frank McBrearty jnr had earlier protested at his exclusion from the in camera hearing. "I feel there is evidence that comes out from this witness that affects my family," he told Mr Justice Morris.
The judge said that where an issue arose over the confidentiality of an informer or alleged informer's identity, only persons directly affected could attend the hearing.
During the morning session, only counsel for the tribunal, the Garda Commissioner, Garda John O'Dowd and a former superintendent, Mr Kevin Lennon, were present.
"I'll accept whatever you say, judge, but I'll be leaving here in protest," Mr McBrearty told the tribunal.
"Whatever your ruling is I'll accept it, but I have to cross-examine this witness."
Mr McBrearty said he would sign any form the tribunal required to give an undertaking of confidentiality about in camera proceedings. "I give you my word," he said.
Mr Michael Durack SC, for the Commissioner, said that if the chairman felt any of Mr Jennings's evidence affected the family, he could alert them.
"I give him my assurance that if that happens I will stop the tribunal," Mr Justice Morris said.