Today I hand over my column to a Dβil deputy, Jim Higgins of Mayo, to tell the story of a gross scandal within the Garda that a plethora of "official" investigations have failed to uncover.
What is now known as the McBrearty affair involves conduct by garda∅ very similar to that alleged in other investigations. Inquiries into this affair and others allegedly involving such conduct have all come to naught. All of these - of course - have been internal Garda inquiries, and the public has been refused access to the reports.
I use the device of quoting Mr Higgins extensively from Wednesday, November 21st, to avail of the privilege that quoting from Dβil debates affords.
The McBrearty affair started with the tragic death of Richie Barron in what it is now accepted was a hit-and-run accident in Donegal on October 14th, 1996. For reasons that have never been explained by any of the several inquiries into the affair, garda∅ decided at an early stage to regard the death of Mr Barron as murder. The medical evidence was overwhelmingly indicative of death from a road accident. And, also at an early stage, the garda∅ decided to "target" the McBrearty family and associates of that family.
On December 2nd, 1996, it was decided to involve what is known as the Cobra unit of the Garda, formerly the murder squad, and when members of that unit came to Donegal on December 3rd they were, according to the Dβil speech of Jim Higgins, "handed copies of alleged false statements by persons who have now been charged and are before the courts". Mr Higgins said: "The Cobra unit was told to base its interviews with "suspects" by sticking strictly to the alleged facts in the alleged fabricated statements of these three persons". Over the following two days Frank McBrearty snr and Frank McBrearty jnr, along with a cousin, Mark McConnell, were arrested.
In the course of this investigation, according to the speech of Jim Higgins, a specially trained garda from Dublin was brought to Donegal, who installed bugging equipment in a room at Letterkenny Garda station, where the McBreartys were being detained, "to bug conversations between the McBrearty solicitors and their clients".
The questioning of Frank McBrearty snr resulted in a "confession" allegedly signed by Mr McBrearty. The signature at the bottom of this "confession" has since been found to have been forged. Jim Higgins told the Dβil of what a young female garda says she witnessed in this connection. This female garda said, according to the speech of Jim Higgins, that she saw a senior garda practise the forgery of Frank McBrearty's signature. The senior garda asked her if she thought the replicated signature was a "good likeness" of the original. She took it for a joke at the time but later thought otherwise when media reports of the McBrearty affairs were published.
Jim Higgins detailed the treatment Frank McBrearty snr had been subjected to. "McBrearty snr was arrested at 7.55 p.m. on Friday, December 5th, 1996, from his home in Tullyrapp, Raphoe. There were at least 30 garda∅ present. He was taken to Letterkenny Garda station.
"During questioning he was repeatedly abused. His GP was sent for and arrived and having examined Mr McBrearty indicated that his blood pressure was very high and advised the garda∅ that he was in danger of having a heart attack or a stroke and that he should be taken to hospital.
"He was taken to Letterkenny General Hospital and, while still in Garda custody, was told he must watch what he said. He was then transferred by ambulance to Blanchardstown Hospital escorted by two garda∅. While in hospital he was watched by the garda∅ 24 hours a day.
His family was not allowed to visit him. After he was transferred back to Letterkenny Hospital, Dr Brian Callaghan, a consultant, wrote a letter dated December 11th, 1996, indicating that while he could be discharged from hospital he should not under any circumstances be interrogated as this would lead to further illness.
"Mr. McBrearty was released from hospital on Thursday, 12 December 1996, and taken again by garda∅ to Letterkenny Garda station at 4.35 p.m.
"Various accusations and allegations were thrown at him regarding the death of Richie Barron. He was placed in cell No 4 at 9.10 p.m. At 9.27 p.m. he was taken from the cell and interrogated until 10.15 p.m. He was kept in Garda custody overnight. Mr McBrearty at this stage was complaining of chest pains. At 8.35 a.m. on 13th December he was again interrogated and accused of bribing people. He subsequently got a black-out.
"However, the interrogation continued in spite of his dizziness and chest pains. Dr McColgan arrived and recommended that Mr McBrearty be taken to hospital for high blood pressure and for an ECG examination. He was again taken to Letterkenny Hospital with a Garda presence at all times outside his room. He was transferred to Beaumont Hospital on 17 December again under constant Garda surveillance. Finally, he was released for Christmas."
Mr Higgins went on to observe: "There then began a sustained campaign of Garda harassment of the McBrearty premises. More than 160 charges were brought against the family until these were finally thrown out by the DPP".
If this were a "stand alone" incident concerning the garda∅ it might not be of much significance. There is also the Dean Lyons case, the Paul Ward case, the John Gilligan case (evidence of garda∅ having planted evidence) and of course Abbeylara.
vbrowne@irish-times.ie