A Co Donegal publican yesterday claimed harassment by the gardai with over 150 summonses issued against him under licensing and public order legislation.
However, the High Court refused the application by the publican for orders prohibiting a District Court judge from continuing to hear charges against him at Letterkenny District Court.
He had wanted this delayed until after the completion of an investigation by an assistant Garda commissioner into "matters at issue" in the proceedings.
The hearing of the charges against him started on March 8th, 1998, and continued for 30 days. The hearing now stood adjourned until next Tuesday.
The application was made by Mr Martin Giblin SC, on behalf of Mr Frank McBrearty, Tullyrap, Raphoe, Co Donegal, for orders against Judge John O'Donnell and the DPP. Mr Justice O'Neill was also asked for an order restraining Judge O'Donnell from continuing the prosecutions until the investigation of Assistant Commissioner Kevin B. Carty into matters at issue in the proceedings is completed.
Mr McBrearty, in an affidavit, said he was the owner, through his company Frank McBrearty and Co Ltd, of the public house known as The Parting Glass. His excellent relations with the gardai changed entirely around Christmas 1996 insofar as a small group of gardai in Raphoe area was concerned.
About October 14th, 1996, the body of Richard Barron was found on a roadway in the area. At first it was believed Mr Barron had been a victim of a hit-and-run accident. But as time went by the view was formed by gardai that Mr Barron's death had resulted from other unlawful acts.
It had been stated by members of the gardai that the chief suspects in the death of Mr Barron was his son, Mr Frank McBrearty jnr, and his cousin, Mr Mark McConnell. They were arrested and detained. Ever since, added Mr McBrearty in his affidavit, his family had been subjected to pressure from the gardai.
