Morris TribunalThe Raphoe nightclub owner whose allegations of Garda harassment led to the setting up of the Morris tribunal has withdrawn his co-operation from the tribunal because of a disagreement over the payment of legal fees.
Mr Frank McBrearty snr contacted the tribunal on Tuesday to say that unless he received an assurance about legal fees and an additional senior counsel within 48 hours, he would withdraw from the tribunal.
"I said to come back to me within 48 hours and they haven't come back to me," Mr McBrearty said. "They can do whatever they want but I'm not going into the lions' den without lawyers."
The Garda investigation following the death of Raphoe cattle-dealer Mr Richie Barron in October 1996, and subsequent complaints from the extended McBrearty family, led to the setting up of the Morris tribunal into the activities of some gardaí in Donegal. Last year Irish and British pathologists gave evidence that Mr Barron most likely died as a result of a hit-and-run.
Mr McBrearty said his legal team, a senior and junior counsel, a solicitor and office staff had already completed work on discovery of over 10,000 documents, yet would receive no payment until the tribunal concluded.
Earlier this year, tribunal chairman Mr Justice Morris refused an application for an additional senior counsel, but reserved the right to direct that their interests be represented by additional counsel if it became necessary at a later stage.
He contrasted this with the position of lawyers representing various gardaí, whose fees are being paid by the Garda Representative Association and the Association of Garda Sergeants and Inspectors.
"It's [Justice Minister] McDowell's job to see that we are represented," Mr McBrearty stated. "We are at a disadvantage at the tribunal."
Lawyers for Mr McBrearty represent 46 members of the extended McBrearty family and employees at Frankie's Nightclub in Raphoe. "The Garda lawyers are all getting paid because they're paid through the unions, and the tribunal lawyers are getting paid. All we get is expenses to go up to the court. We are not getting enough to cover us.
"My lawyers can't afford to wait for three or four years to get their money."
Under the Tribunals of Inquiry (Evidence) Acts, a witness who does not co-operate with a tribunal is guilty of an offence and on conviction in a District Court faces a possible fine of up to 10,000, two years' imprisonment, or both. The tribunal may also apply to the High Court to have any person comply with an order.
Mr McBrearty said he did not know what would happen if he were compelled to give evidence.
"I don't know but I'm not going. How can I go in to be a witness with no lawyers? The Commissioner is at us, the GRA is at us, and we have no one to cross-examine these people. We have over 100 guards to cross-examine, and 30 civilians."
"All I want is for my team to get legal aid. Everybody else is getting paid through the Garda unions and the State."