Morris hears of family's complaints about gardai

The McBrearty family made over 60 complaints in a four-year period to the Garda Complaints Board over alleged harassment, the Morris Tribunal heard today.

However, all these complaints were subsequently retracted as the family had lost all faith in the board's ability to act decisively on the complaints, according to the family's solicitors.

On what is expected to be the final day of the reading of the 530-page opening submission by tribunal, Mr Tony Barr, for the tribunal, said that the family felt it was being victimised by gardaí over the death of Richie Barron in October 1996.

They also felt they were being singled out over a complaint Mr Frank McBrearty Snr made about a Garda stationed in Raphoe, which eventually led to him leaving the force.

The family alleged they were abused, wrongfully arrested and harassed under the Licensing Laws. They also claimed to have recieved threatening phone calls and other messages from gardaí.

Mr McBrearty Snr employed a private investigator, Mr William Flynn, to carry out his own inquiry into the death of Mr Barron, the tribunal heard. Mr Flynn subsequently made a number of complaints to the Garda Complaints Board, which could be seen as Garda harrassment if substantiated, Mr Barr said.

The gardaí in turn said they felt they were being harassed by Mr Flynn over their handling of the Barron case.

Under the Terms of Reference of the tribunal, the effectiveness of the Garda Siochána Complaints Board in dealing with submissions by members of the public was to be addressed, Mr Barr said.

From December 1996 to November 2001, the extended McBrearty family made 61 complaints to the board, of which 19 were held inadmissible, one was not investigated and 41 were withdrawn in October and November of 2001. "No substantive action was taken...on any of the McBrearty group of complaints," Mr Barr noted.

The tribunal would also deal with a complaint by Mr McBrearty Snr that it took 10 months for letters sent by his solicitors to Superintendent John Fitzgerald in Letterkenny be sent to the board. Supt Fitzgerald has answered that he did not think the letters were formal complaints.