Court quashes subpoenas in action by McBrearty relative

The High Court has set aside subpoenas requiring the Ministers for Justice and Social, Community and Family Affairs, the Garda Commissioner and others to give evidence and/or produce documents in a forthcoming legal action by a relative of Co Donegal publican Frank McBrearty.

The State had argued the subpoenas were oppressive and were a back-door attempt by Ms Róisín McConnell to get discovery. It said Ms McConnell should await the outcome of a discovery application, made after the subpoenas were challenged. It also pleaded some of the documents sought contained sensitive security information and many were privileged.

Ms McConnell, Tullyvinney, Raphoe, has sued the Garda Commissioner, the Minister for Justice and the State for damages for alleged psychological trauma arising from her alleged unlawful arrest and detention on December 4th, 1996, at Letterkenny Garda station in connection with the death of cattle dealer Richie Barron in October 1996. She also claims that after her release, she and her family were subjected to severe psychological pressure for several years.

Ms McConnell is the wife of a nephew of Mr Frank McBrearty, who runs a nightclub and pub in Raphoe and who has made claims alleging that he and his family were harassed by gardaí over several years. Her action is one of more than 20 civil actions taken by members of Mr McBrearty's extended family arising out of the alleged harassment.

An earlier High Court hearing was told all charges had been withdrawn against the family and that persons who gave evidence against them in court were facing charges. It is believed the State has hired more than 60 lawyers to defend the civil actions.

In the High Court last April, Mr Justice Abbott granted an application by Ms McConnell's lawyers for the issuing of subpoenas to the Ministers for Justice and Social Community and Family Affairs; the Garda Commissioner; Det Chief Supt Tadhg Foley and the State Solicitor for Co Donegal, Mr Ciarán F. Mac Lochlainn.

The defendants subsequently applied to the High Court to quash all five subpoenas. They argued the documents sought were "voluminous", that Ms McConnell had previously indicated through her lawyers she would not be seeking discovery in the action and that this was "discovery through the back door" and impermissible.