Morris tribunal:Frank McBrearty snr has called for a new module of the Morris tribunal to investigate an approach by a member of the Garda Complaints Board to then opposition leader John Bruton asking him to tell his justice spokesman to "ease off" on the McBrearty case.
One of the tribunal terms of references covers how the board dealt with more than 60 complaints between 1997 and 2001 from the Raphoe publican's family, who allege they were the targets of Garda harassment.
"A member of the board comes and goes to Mr Bruton and says to him, get Jim Higgins to ease off on the guards," Mr McBrearty said. "And the McBreartys' complaints went nowhere after that."
"Should that not be a module on its own, Jim?" Mr McBrearty asked Senator and MEP Jim Higgins. Mr Higgins said the incident was not in the tribunal's terms of reference, adding: "I think it is most undesirable anybody should approach Mr Bruton, whether it is a garda or a member of the Garda Complaints Board, to ask me to ease off."
Mr McBrearty snr said that the board member who approached Mr Bruton was a garda. "My understanding was it was a member of the Garda Complaints Board," Mr Higgins said. "Yeah, but his name was O'Callaghan," Mr McBrearty told the MEP.
He said he had written a letter to Mr Higgins in 2001 naming the individual, and had supplied a copy of the letter to the tribunal.
"I can't recall that, Mr McBrearty," Mr Higgins said.
Later, the publican said he had been posted a document making serious allegations against senior gardaí but did not know who it came from. Mr McBrearty snr faxed the document to Mr Higgins on June 25th, 2000. Labour Party justice spokesman Brendan Howlin received similar information on the same day.
Mr Higgins has told the tribunal that he was told by the publican that the source of the information was "my friend", which he said was a coded phrase used to refer to retired Garda Patrick J (PJ) Togher. "I disagree with that. I said it came in the post," Mr McBrearty said. The publican said he did not use coded language in case his telephone was tapped, and claimed he often said during phone calls, "If you're listening, kiss my backside," to show he had nothing to hide.
Garda and tribunal investigations have found no evidence to support any of the anonymous allegations. Mr McBrearty also said that the allegations were not discussed at a meeting in the home of private investigator Billy Flynn in March 2000.