The claim for damages against the State by Frank McBrearty jr, who was wrongly arrested in the Garda investigation into the death of Richie Barron in Donegal, may run to €8 million, the High Court has heard.
Seeking a week’s adjournment of Mr McBrearty’s action, Mr George Birmingham SC for the State said his side had received fresh reports from Mr McBrearty’s lawyers which indicated that the claim for special damages, which had been for a figure of some €680,000 could now rise to over €8 million.
His side needed time to have its accountants and valuers assess and report on those additional claims.
Mr Birmingham said his side had no desire to delay the case and accepted Mr McBrearty was under considerable stress as a result of what he had been through. However, the State must have an opportunity to investigate the damages claims.
Mr McBrearty’s counsel Martin Giblin SC said the special damages claim was nowhere near the figure suggested by Mr Birmingham. When asked by the President of the High Court, Mr Justice Joseph Finnegan, how much was being sought by Mr McBrearty in special damages, counsel said he did not have those figures to hand.
Mr Giblin also told the court today that an admission of liability by the State in an action for damages by Frank McBrearty Junior was "so conditional" in some respects that it "reads like a chapter from James Joyce’s Finnegan’s wake".
The judge agreed to an adjournment in order to allow the State have its accountants and valuers assess the special damages claims being advanced. He could not at this stage fix a new date for hearing but expected a date would be obtained some time in July.
Counsel for Mr McBrearty estimated the case will take between two and three weeks.
Mr McBrearty was arrested in late 1996 on suspicion of involvement in the murder of Co Donegal man Richie Barron. He was never charged. In its second report, the Morris tribunal held Mr Barron died as a result of a hit and run accident in Raphoe and strongly criticised the treatment of Mr McBrearty and his family.
Mr McBrearty is suing the Garda Commissioner, the Minister for Justice, Ireland and the Attorney General for damages for unlawful arrest, false imprisonment, malicious prosecution, assault and battery.