A Co Donegal publican, Mr Frank McBrearty, yesterday secured leave from the High Court to take an action to compel the Garda Commissioner to investigate allegations of perjury by five Garda officers.
Mr McBrearty claims he and his family have been harassed by garda∅ over several years. They claim that, until lawyers had procured a copy of a 1998 circular and proved its existence, garda∅ had denied in court the existence of the circular, which advised officers to report any incidents or unusual contact between the McBreartys. The McBreartys claim their lives were made a "living hell" as a result of that document, which had declared "open season" on them.
The McBrearty family and their extended family have issued over 20 civil actions in the High Court arising out the alleged harassment.
Yesterday Mr Justice O'Neill gave Mr McBrearty leave to seek an order, in judicial review proceedings, directing the Commissioner to conduct an investigation into the allegation of perjury by five members of the Garda force in District Court proceedings between December 1998 and March/April 1999.
Mr Martin Giblin SC, for Mr McBrearty, of Tullyrap, Raphoe, said his client's family came under unfavourable attention from the Garda in Co Donegal in 1996 arising out of the discovery of a local man, Mr Richie Barron, on the roadway in a serious condition. Mr Barron had subsequently died from his injuries.
Initially, it was thought to have been a road accident but, instead, Mr McBrearty's son and nephew became the focus of a murder investigation. The DPP had decided not to prosecute, and Mr McBrearty, members of his family and staff began to have summonses served on them in 1996, 1997 and 1998.
In all, 190 summonses were issued. It was alleged that this was part of a campaign of harassment by garda∅ arising from Mr Barron's death. All charges had been withdrawn against the McBrearty family, staff and friends, and the persons who gave evidence against them in court were facing charges.
Mr Giblin said a Garda divisional circular was issued in February 1998 which referred to alleged attempts to discredit divisional garda∅ and other members involved in the Barron investigation. It stated: "There is information to hand which suggests that Frank McBrearty snr from Raphoe is financing a campaign to discredit members of the force. The campaign is being operated mostly by Mr Billy Flynn a private detective and sometimes trading as Zimmerman and Co from Enfield, Co Meath.
"Members of your district force and garda∅ who assisted in the investigation into the Richard Barron death should be notified of this matter and directed to report any incidents or unusual contact that may occur either with Mr McBrearty and his extended family or Mr Flynn and his employees."
The circular was signed by Chief Supt Denis Fitzpatrick and was addressed to Supt Kevin Lennon. In March 1988 a document entitled "Campaign to Discredit Garda∅ in Donegal Division" was circulated to all members in the Letterkenny district.
Mr Giblin said the existence of a Garda divisional circular was denied on six occasions when the McBreartys had applied for it. He said Supt Lennon had denied its existence but turned out to be one of the authors. It was subsequently proved to exist and was obtained by order of the court.
In the course of proceedings, five garda∅ had on oath denied the existence of the document.
After the distribution of the circular, the flow of summonses became "a cascade", Mr Giblin said, with 160 issued on top of the 30 or so previously served.
Following Mr Barron's death, it became apparent that certain members of the force were intent on accusing members of the McBrearty family of involvement in the death, and the garda∅ set out on a campaign which involved unlawful arrest, false imprisonment, libel, innuendo and slander, Mr McBrearty said in an affidavit.
Mr McBrearty, who owns and operates The Parting Glass and Frankie's Nite Club in Raphoe, said he and his family had lost all confidence in the investigation being conducted by an Assistant Commissioner, Mr Kevin Carty.
It had been alleged by garda∅ that his son had confessed to the murder of Richie Barron, but his son had denied making such a confession. A garda had said she saw a senior officer practising the signature of Mr McBrearty jnr. When she learned that a disputed confession was alleged to exist, she had informed Assistant Commissioner Carty of what she had seen.
The garda claimed to have been subjected to a campaign of intimidation and harassment, which included leaving a dead rat on her doorstep and sabotaging her computer.
Attempts to have Mr Barron's body exhumed had been frustrated for several years, but it had recently been exhumed and had been examined by the State Pathologist. It now emerged, according to media reports, that the injuries were not consistent with an assault but that he had died in a hit-and-run incident.