A relative of Co Donegal publican, Mr Frank McBrearty, yesterday lost her High Court application to have her action for damages against the Garda and State heard by a judge and jury.
Ms Roisin McConnell 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 Richard Barron in October 1996.
She also claims that, after he 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 he and his family were harassed by gardaí for several years. Her action is one of more than 20 civil actions taken by members of Mr McBrearty's extended family arising from the alleged harassment.
It is believed the State has hired more than 60 lawyers to defend the civil actions. In judicial review proceedings, Ms McConnell sought for her action to be heard by a judge and jury rather than, as is the norm in personal injury cases, a judge sitting alone.
Rejecting Ms McConnell's application yesterday, Mr Justice Kearns said there was a multiplicity of complaints which rendered the case unsuitable for a judge and jury. He directed the case be heard by a judge.
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