A senior lawyer is to be appointed by the Minister for Justice, Mr O'Donoghue, to review all elements of the long-running investigation into charges that members of the Garda S∅ochβna conspired against a Donegal family.
In the Dβil yesterday, the Minister said he "strongly" believed the treatment of the McBrearty family from Raphoe, Co Donegal, had to be investigated thoroughly and garda∅ disciplined if necessary.
Following the death of a local cattle dealer, Mr Richie Barron, outside the town in 1996, garda∅ launched a murder investigation that quickly focused on the son and nephew of the local publican, Mr Frank McBrearty.
Eventually, however, all charges were withdrawn. In the years afterwards, 160 summonses against the extended McBrearty family, largely over the operation of the family's nightclub, were dropped by the DPP without explanation.
A post-mortem by the State Pathologist, Dr John Harbison, carried out this summer - five years after Mr Barron's death - showed conclusively he died from the result of a hit-and-run incident.
Four investigations, including one currently led by Assistant Commissioner Kevin Carty, have failed to deal with deep concern in Co Donegal about the investigation and standards within the force. The McBrearty family is now taking a High Court action against the State seeking compensation for "years of harassment" by Donegal-based officers.
"I want to see the truth of this matter determined. I also want to see public confidence in the Garda, in so as it has been adversely affected by the matter, restored," Mr O'Donoghue said.
Ruling out a tribunal of inquiry, he said the lawyer would be free to advise whether "there are measures that might now be taken to bring matters to finality sooner rather than later".
He said he believed the Dβil and the public needed "an authoritative independent assurance that everything possible is being done to close the matter".
The delay in carrying out a full post-mortem on Mr Barron's body has long amazed observers. An initial examination by the Letterkenny General Hospital pathologist showed that he died from a hit-and-run.
However, the crime scene was not preserved. Local people came and washed the blood from the road, so their children would not be upset on the way to school
A senior officer asked the Department of Justice to approve the exhumation of the body in October 1997, but he changed his mind without explanation within a few days and asked that nothing more be done.
"John O'Donoghue has failed to ask the Garda to explain why they requested an exhumation and then did not go ahead with it. Why did he never ask a question about this over the last four years?" asked Fine Gael TD Mr Alan Shatter.
