A garda denied turning a blind eye to breaches of the licensing laws in Raphoe publican Frank McBrearty snr's nightclub following the transfer of Sgt John White from the town in of 1997.
Mairéad Carey BL put it to Garda Noel Keaveney that, following her client's transfer, over a dozen nights in autumn 1997, every premises was inspected, except Mr McBrearty's nightclub.
"Each individual member will have maybe their own reasons," said Garda Keaveney.
He said officers had not "turned a blind eye" to breaches in the nightclub, and told the chairman "there was no specific policy not to inspect Frank McBrearty's premises".
Garda Keaveney was transferred to Raphoe in July 1997, and three days later accompanied Sgt John White on an inspection of licensed premises in the town, including Mr McBrearty snr's nightclub. He said when he entered the nightclub in the early hours of July 20th, 1997, Frank McBrearty Jnr approached Sgt White and seemed to whisper in his ear. Sgt White then complained to the bar manager that Mr McBrearty jnr threatened his wife. Garda Keaveney said that following this, Mr McBrearty jnr approached Sgt White in an aggressive fashion, "frothing at the mouth", challenged Sgt White and denied he made threats.
"He was extremely aggressive, certainly the most aggressive I have ever seen," Garda Keaveney said. The tribunal was told that as a result of the confrontations, Sgt White wrote four summonses for alleged public order offences, which were served on Mr McBrearty jnr. On another visit to the club later that night, he issued two public order summonses to Frank McBrearty snr.
The District Court summonses were withdrawn by the Director of Public Prosecutions in 2000, and the family claim they were harassed by gardaí after being wrongly identified as murder suspects following the death of cattle dealer Richie Barron.
Earlier, two senior gardaí told how staff refused to clear the nightclub during bomb scares in 1997. Former inspector James Griffin was called to the premises on May 4th, 1997, having been told bomb warnings were received.Mr Griffin asked Mr McBrearty snr's son Andy McBrearty to clear the premises, and then spoke to Mr McBrearty snr on the phone. "He wasn't prepared to listen to me, he just went on ranting and raving about the problems he was having with the gardaí," Mr Griffin said.
Supt John Dunleavy was called to the nightclub on November 23rd, 1997, when its staff asked to speak to a senior officer. "The whole thing was confrontational. It was the tail wagging the dog. They were the police service there," Supt Dunleavy said.