McBrearty awarded €1.5m in legal action against State

Frank McBrearty jnr, the man wrongly accused of the murder of Donegal cattle dealer Richie Barron, has settled outstanding legal actions against the State for a sum of €1.5 million.

The Department of Justice confirmed last night that the payment related to four separate legal actions.

The claims set out in the legal actions related to malicious prosecution, wrongful arrest, false arrest and breaches of constitutional rights among others.

Two of the claims were taken in the name of Mr McBrearty jnr, one in the name of his wife and one which was taken jointly by both. The settlement of the legal action came after a private meeting in the Four Courts in Dublin last week.

The Irish Times understands that a total of 85 other civil actions, which have been initiated against the State by members of the McBrearty family and others, in connection with allegations of wrongful behaviour of members of the Garda in Co Donegal still remain outstanding.

Lawyers for the State conceded liability for damages in the actions taken by Mr McBrearty jnr following the publication of the Morris tribunal report into the controversy last June.

Mr Justice Morris found that members of the Garda had attempted to frame Mr McBrearty jnr and his cousin Mark McConnell for the murder of Richie Barron in 1996.

However, the report said that the evidence was that there had been no murder at all and that Mr Barron's death had been as a result of a hit-and-run accident.

Mr McBrearty jnr worked as a manager in Frankie's nightclub in Raphoe which was owned by his father Frank McBrearty snr.

The Morris tribunal report found that the gardaí had developed a theory that after an incident in a pub in the town between Mr Barron and Mr McConnell, that the two cousins later lay in wait for the cattle dealer and assaulted him. However, Mr Justice Morris said this theory was completely without foundation.

The tribunal found the evidence was that Mr McBrearty jnr had spent the evening working in his father's pub and disco, and that he had had virtually no possibility of absenting himself from the premises for long enough to carry out an assault on Mr Barron. At no stage during the night was he in Mr McConnell's company.

Mr McBrearty jnr yesterday declined to comment on the settlement on foot of legal advice.