Publican Mr Frank McBrearty has lost his High Court application to have the State pay, on an ongoing basis, his legal costs of appearing at the Morris Tribunal inquiry into allegations about certain Garda activities in Co Donegal.
Mr Justice Peart said he had, with "great regret" to refuse the application under existing legislation but he indicated the tribunal's work would be eased if the McBreartys were given some assistance.
The evidence of Mr McBrearty and his family is considered to be of central importance to the tribunal and they have been granted the right to be legally represented. However, last year the chairman of the tribunal, Mr Justice Frederick Morris, said he could only make an order for payment of legal costs at the conclusion of the tribunal hearings.
Mr McBrearty had argued the tribunal could run for years and he was unable to meet the ongoing legal costs. In a 93-page judgment yesterday, Mr Justice Peart said he had no alternative but to reject the application. He indicated, however, that the work of the tribunal might be eased if some form of assistance could be given to the McBrearty family.
The judge said he was refusing the application on the grounds that Mr McBrearty failed to bring the proceedings within the stipulated three- month period following Mr Justice Morris's refusal. Mr McBrearty's rights to fair procedures and those of his family could not be regarded as including the right to have their legal representation funded or provided for in advance of the tribunal reaching its findings.