Tribunal gets another 'no' from McBreartys

MORRIS TRIBUNAL: The McBrearty family, whose experiences form the basis of the Morris tribunal, have again refused to participate…

MORRIS TRIBUNAL: The McBrearty family, whose experiences form the basis of the Morris tribunal, have again refused to participate in the proceedings.

At a special session hearing applications for legal representation at the inquiry yesterday, Mr Frank McBrearty snr said he wanted its terms of reference extended and to have his legal representation paid for.

"We will not be able to participate in the tribunal the way it is," he said.

"From 1997 until today I have been in constant contact with the Garda Commissioner, the Attorney General, the DPP, the Minister for Justice and the Donegal State Solicitor. The terms of reference will have to include these people.

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"I want the costs of our solicitors. I'm not like Larry Goodman, able to pay the costs of lawyers for a tribunal. I have made approaches to a bank and I would not get money from a bank to support a solicitor in a tribunal for three years.

"I would ask you to look at it and extend the terms of reference. Go back to the Dáil if necessary."

The chairman of the tribunal, Mr Justice Morris, said that when the matter came before the Dáil there was a motion from Deputy Shatter along the lines suggested by Mr McBrearty.

"The motion was defeated," he said. "The people of Ireland, through voting for their elected representatives, have expressly rejected extending the terms of reference. I would have no business reversing the decision of the people of Ireland."

Mr McBrearty replied that during the election the Taoiseach had said in Donegal that if Mr Justice Morris went back to the Dáil and asked for a change in the terms of reference he would have no objection to doing so.

Mr Justice Morris told him that his attendance as a witness would be essential to the work of the tribunal and it would be funded by the State. Mr McBrearty said: "We need to have a lawyer here to cross-examine people who are giving evidence."

"If you want to have a lawyer here please do," said the chairman. "But we can't provide it."

"Then we won't be here," said Mr McBrearty, leaving the tribunal with about a dozen members of his family who been travelling from Donegal since 4 a.m. yesterday morning to support him in addressing the tribunal.

Outside the tribunal building, Mr McBrearty snr refused to elaborate on what he had said inside, but his son, Mr Frank McBrearty jnr, said: "The people who passed the terms of reference are the people we want investigated. We're getting no justice here."

"Come on everybody. Home," said his father.