The Department of Foreign Affairs today confirmed it has made representations to the US embassy on behalf Frank McBrearty Jr after he was prevented from travelling to Chicago yesterday.
Mr McBrearty Jr, who last month received €1.5 million from the State over his treatment at the hands of Donegal gardaí, was denied entry to the US by immigration officials at Dublin Airport. He intended visiting his two brothers with his wife and three children.
Frank McBrearty Jnr
The Department today said the US embassy in Dublin had agreed to allow Mr McBrearty to re-apply for entry under the visa waiver system.
It normally takes three days to process an application but arrangements have been made for the process to be speeded up and Mr McBrearty Jr and his family board a flight to the US at lunch-time today.
Mr McBrearty Jr said this morning: "The Secretary General of Foreign Affairs has contacted the US Embassy and I've been told all I have to do is re-present at the airport. The airline has allowed us to fly out today instead."
The Donegal publican was wrongly accused of the murder of Raphoe cattle dealer Richie Barron - which has been the subject of the Morris Tribunal inquiry into Garda corruption within the Co Donegal force.
He claimed yesterday that he had been refused entry to the US because immigration officials accessed the Garda's Pulse computer system and discovered number of offences of which he was cleared.
In particular, Mr McBrearty said, he was told that he was being refused entry because of an assault charge on his record from 1996. Mr McBrearty Jr had, in fact, been tried and acquitted of the offence.
"When immigration asked me yesterday, if I had told a lie I could have been held by US authorities under terrorism legislation. I told the truth and it was a good job I told the truth," he said.
He has instructed his solicitor to commence proceedings to have all charges of which he has been acquitted erased from the Garda system.
"When I come back, I will be demanding my name be totally wiped off. My case is a miscarriage of justice," he said. "It is still not good enough, although I get to fly out today. I was humiliated in front of my kids once again," he said.
Sinn Féin justice spokesman Aengus Ó Snodaigh said the affair raised serious human rights questions.
"While it has to be welcomed that the Department of Foreign Affairs intervened very quickly to sort this mess out, it nonetheless raises very serious questions about how data on individuals is retained in this country and exchanged with agencies from other jurisdictions," Mr O Snodaigh said.
Mr McBrearty had the right to his good name having not been found guilty of any offence and therefore records, in electronic form or otherwise, should be removed, the TD said.
The enhanced co-operation between states as part of anti-terrorism measures have "no safeguards and protocols in place to ensure that erroneous or outdated information is not exchanged on any individual" he added.
Additional reporting PA