The McBrearty family had been "mauled by lions" and were now being forced on pain of severe penalty into an arena without protection where they would be required to place their heads "in the mouths of the maulers", the High Court was told yesterday.
Publican Mr Frank McBrearty snr, Raphoe, Co Donegal, said he and members of his family had been subjected since 1996 to many injustices by An Garda Síochána and "other emanations of the State".
In an affidavit, Mr McBrearty said his family believed the greatest injustice of all was now being inflicted on them. They were being forced into the Morris Tribunal without the protection of legal representation on the basis of "equality of arms".
Mr Justice Peart is hearing an application by Mr McBrearty for an order granting funding for legal representation at the tribunal to him and his family. He is also seeking a declaration that the tribunal's failure to provide them with the means to have legal representation at the inquiry constitutes a breach of their constitutional rights. The tribunal and the Attorney General are opposing the application.
Yesterday, Mr Martin Giblin SC, for Mr McBrearty, said the family would be involved in eight of the tribunal's 10 modules. Estimates were that the tribunal could last for two years. The factual side of the case was of huge importance and the court could not decide the issues without looking at the factual side.
In his affidavit, Mr McBrearty said applications had been made to the Government for the provision of assistance so that he and his family could instruct a solicitor and counsel to represent them before the tribunal. The Government had resolutely refused to entertain such an application.
He and his family were unable to afford to pay for legal representation before the tribunal. He was unqualified to represent himself as he had a poor standard of education. Generally speaking, the other members of his family and employees were completely unqualified to represent themselves before the tribunal.
Mr McBrearty said he and his family wished to participate in the tribunal proceedings and to co-operate with the tribunal in uncovering the truth.
They were, however, fearful of being forced into the tribunal without legal representation on a basis of equality with members of An Garda Síochána who had damaged them so extensively. They feared those Garda officers would attempt to vindicate themselves by further damaging the McBreartys.
Mr McBrearty said many Garda officers who conspired against him and his family would be represented by their representative associations which had the necessary resources to fund legal representation before the tribunal.
It was reasonably anticipated that hostile cross-examination would be directed against him and his family from those sources.
The hearing continues today.