ARREST OF FRANK McBREARTY SNR:FRANK McBREARTY snr was arrested by gardaí on December 5th, 1996, on suspicion of trying to frustrate by intimidation the Garda's investigation into the Richie Barron murder. His house at Tullyrap, Raphoe, Co Donegal, was also searched.
The tribunal has concluded that Garda John O'Dowd manipulated the procurement of false information which was supplied to the investigation team.
The information, procured from Robert Noel McBride, a Raphoe man, falsely suggested Mr McBrearty snr had offered Mr McBride money to stay silent if gardaí contacted him about the Barron case.
A statement given to Garda O'Dowd by Mr McBride suggested Mr McBrearty snr believed Mr McBride was close to the scene where Mr Barron was found dead on the night that he died.
The tribunal concluded that Garda O'Dowd knowingly took the false statement which suggested bribery on the part of Mr McBrearty snr. The statement was then passed to the team investigating the Barron case.
The tribunal found the thesis of Mr McBride's statement was fed to him by Garda O'Dowd via another Raphoe man, William Doherty.
Based on the "falsely created" claims in the statement, Supt Joseph Shelly issued the search warrant on foot of which Mr McBrearty snr's house was searched. He was arrested during the course of the search.
The tribunal has found the search and arrest were unlawful.
The tribunal rejected a number of claims made by Mr McBrearty, namely that his health was so poor he should not have been arrested and that 60 Garda members carried out a "heavy-handed" search of his house. There were in fact 14 members on the search team.
The tribunal also rejected suggestions gardaí were verbally abusive to him. It also rejected claims by him that gardaí had pulled his chair from under him or had engaged in shadow boxing.
However, the tribunal is scathing about other aspects of the conduct of some gardaí. It noted Garda PJ Thornton was responsible for Mr McBrearty snr while he was in custody.
However, despite Mr McBrearty snr suffering from heart disease members of the investigating team neglected to inform Garda Thornton that Mr McBrearty's consultant cardiologist believed he should not be interrogated.
"This is disgraceful," Mr Justice Morris noted. "I find that Det Supt Shelly, Inspector McGinley and to a lesser extent Supt (John) Fitzgerald bear responsibility for this."
He also said a fax relating to Mr McBrearty's medical condition arrived at Letterkenny Garda station on the day his medical condition was of interest to gardaí. This fax had made its way from the fax machine to Mr McBrearty's detention file but no member of the force admitted seeing it.
"The tribunal does not accept this to be the truth," it said.
The tribunal also said it was shocked and "disturbed" at the "underhand" way Det Sgt White sought information on Mr McBrearty snr's health from Blanchardstown Hospital, Dublin.
He said in evidence it would not be unusual to access the information through associates' wives who worked at an establishment. This tactic, the tribunal said, indicated that gardaí doubted even Mr McBrearty's word on his health.
Mr McBrearty snr's detention was interrupted when he was admitted to Letterkenny hospital.
He was arrested for a second time on December 12th, 1996, when he was interviewed in the course of two sessions. He was again interviewed twice more on December 13th.
Mr McBrearty was only released from custody when transferred to Beaumont Hospital, Dublin. "It is regrettable that his release did not occur some days earlier," the tribunal noted.
Main points
The tribunal rejected suggestions that gardaí were verbally abusive to Frank McBrearty snr.
It also rejected claims by him that gardaí had pulled his chair from under him or had engaged in shadow boxing.
But the tribunal is scathing about other aspects of the conduct of some gardaí, including the failure of certain gardaí to take into account Mr McBrearty's medical condition.
