Inquiry into alleged Garda corruption approved

A public inquiry is to be established to investigate allegations of Garda misconduct in Co Donegal.

The Minister of Justice Mr O’Donoghue confirmed the establishment of the tribunal, in principle, following a Cabinet meeting this morning.

The tribunal will be chaired by the former President of the High Court Mr Frederick Morris.

Mr O’Donoghue said he has obtained Government agreement to amend legislation drafted to allow the tribunal conduct its inquiry without prejudicing civil and criminal court cases underway in relation to the alleged misconduct.

Mr Frank McBrearty Snr: alleges Garda campaign of harassment against family

In a statement the Minister stressed that he was not opposed to the holding of a public inquiry into alleged Garda misconduct.

His advice at the time from the Attorney General Mr Michael McDowell was that holding such an inquiry could prejudice the court cases already underway.

Mr O’Donoghue said in light of the information now to hand, The Attorney General supports holding a public inquiry, once the necessary changes to the law have been enacted.

On November 29th last, Mr O’Donoghue appointed barrister Mr Shane Murphy SC to review the allegations that members of An Garda Síochána in the Donegal Division engaged in criminal, unethical or unprofessional behaviour, particularly in the context of the investigation into the death of Mr Richard Barron and with regard to the finds of bomb-making equipment.

The report was competed on January 30th and recommended a public inquiry to resolve the issues and restore public confidence in the force.

However, Mr Murphy’s report will not be published by the Minister. The Minister said that to do so would possibly prejudice ongoing court cases.

He said the report will be given to the tribunal chairman and he will decide what material should be put into the public domain.

The Minister tonight said the report of the tribunal would be made public.

It is understood the principal terms of reference will concern allegations arising from the death of Mr Richie Barron in 1996 and the subsequent arrests and alleged harassment of the McBrearty family.

Among the allegations is that evidence was fabricated and that conversations between the McBrearty family and their legal term in a Donegal Garda station were listened too illegally via a bugging device.

Opposition parties called for the role of the Minister for Justice to be examined in the inquiry.

Fine Gael’s justice spokesman Mr Alan Shatter condemned what he described as a "cult of secrecy" that Mr O’Donoghue had failed to publish the terms of reference of the inquiry.

Welcoming the appointment of the chairman, Mr Shatter criticised the "unpardonable footdragging by the Minister". He also held the Minister directly responsible for the erosion of public confidence in the Garda.

Labour Party Deputy Leader Mr Brendan Howlin said the involvement of all parties in setting the terms of reference was required because a tribunal of inquiry is an instrument of the Houses of the Oireachtas, not the Government.

Lawyers for the McBrearty family welcomed the news but said they were awaiting the full terms of reference.