McBrearty costs to be covered by State

The State is to pay the massive legal bill of Donegal publican Frank McBrearty and his family at the Morris Tribunal, it emerged…

The State is to pay the massive legal bill of Donegal publican Frank McBrearty and his family at the Morris Tribunal, it emerged this evening.

Mr Justice Frederick Morris ruled Mr McBrearty jnr, who was wrongly framed for murder, will be granted his costs even though he has withdrawn his co-operation from the hearings.

Judge Morris said the family's legal fees would be paid up until the day their legal team was discharged on May 27th 2004.

There will be no payment for costs incurred at the inquiry while Mr McBrearty and his cousin Mark McConnell represented themselves.

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It is understood the bill could amount to a six figure sum.

The McBrearty's discharged their legal team over a year ago after spiralling costs threatened to ruin their business.

Mr Justice Morris acknowledged the awarding of costs had been a hot issue for the family for months.

But he said there was no legal basis to pay the McBrearty family for the time they spent representing themselves.

"There is no legal basis upon which to award lay litigants their costs though I wish to acknowledge the onerous burden assumed by Frank McBrearty Jnr and Mark McConnell," the Judge ruled.

Under tribunal rules senior counsel earn up to €2,500 per day, while junior counsel are paid €2,000 and solicitors €1,000. Fees, however, are set to be slashed in two years time to curb the spiralling costs - daily charges may plummet to €969.

PA