The family at the centre of allegations against certain gardaí in Co Donegal have been given leave to appeal against the decision to deny them legal costs at the Morris Tribunal which is investigating the claims.
The McBrearty family, whose claims led to the setting up of the tribunal, today won a High Court battle to challenge the refusal of tribunal chairman Mr Justice Morris to allow them funding for their legal representation at the hearings.
Mr Justice Peart today granted Mr Frank McBrearty Sr, a publican and nightclub owner of Tullyrap, Raphoe, leave to apply for various orders, including a declaration that the refusal of the tribunal chairman to provide them with legal assistance breached of their constitutional rights and represented a failure to vindicate their good name.
Mr Justice Morris had taken the view that the Tribunals Inquiry Act 1921 deprived him of jurisdiction to give funding for legal representation on an ongoing basis.
Counsel for the McBreartys, Mr Martin Giblin SC, today argued it was a "monstrous injustice" to force the family into a tribunal where they were legally obliged to give evidence and where they would be subjected to a hostile examination from counsel representing gardai who tried to frame them for murder.
Mr Giblin pointed out that the gardai who set out to "destroy" the McBreartys would be fully funded.