The Raphoe nightclub-owner and publican whose family became the focus of a Garda murder investigation being examined by the Morris tribunal has said he is willing to go on hunger-strike or go to jail unless his family receives assurances on legal costs in attending the inquiry.
The dispute over legal costs escalated yesterday as five members of the extended McBrearty family, whose allegations of Garda harassment led to the setting up of the public inquiry, met representatives of the tribunal in an effort to reach agreement.
Two members of the family, Mr Frank McBrearty jnr and his cousin, Mr Mark McConnell, became suspects in a murder investigation started by Donegal gardaí following the October 1996 death of a Raphoe cattle-dealer, Mr Richie Barron. Last year the inquiry heard Irish and British pathologists give evidence that Mr Barron most likely died as a result of a hit-and-run.
Last week Mr Frank McBrearty snr withdrew co-operation from the tribunal because he was unable to receive assurances about legal fees and additional senior counsel which the family sought.
As other members of the family met tribunal representatives yesterday, Mr McBrearty said he was prepared to go to jail or on hunger-strike "to get justice". Mr McBrearty snr 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 the 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.
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 David Walley, solicitor for the McBrearty family and their employees, said : "The argument that they would make is simply this: the people against whom they make their complaints for the last seven years, the gardaí, are legally represented and funded through the GRA and AGSI, as indeed is the Commissioner of An Garda Síochána who is represented by the Chief State Solicitor through a fully funded legal team." The Minister for Justice, Mr McDowell, was also represented by the State, he added.
"Their argument is not with the tribunal, their argument is with the Minister for Justice.
"It is important to note the McBreartys welcomed the establishment of the tribunal and also have been very anxious to co-operate and to ensure that the tribunal is effective, because they knew the tribunal would get to the bottom of what happened in Donegal, and why it happened.
"They believe if they go into the tribunal without legal representation, it's like going into the lion's den. Ten thousand documents have already been handed to the tribunal, as evidence of the extent to which they have already co-operated with the tribunal.
"They are very anxious to try and co-operate with the tribunal, but effective legal representation is what is required, on a par with that which is provided to the gardaí, the people they perceive as having been their tormentors."
Mr Walley said he understood that Mr Mark McConnell had asked Mr Peter Charleton SC, counsel for the tribunal, to request the Minister for Justice to provide legal aid.
He said his clients supported the work of the tribunal and were saddened greatly that it had come to pass that they had not got effective legal representation before the tribunal.
A spokesman for the tribunal said: "We have a letter from David Walley & Co saying his clients have instructed him to withdraw from the tribunal, on the grounds that they cannot afford to employ a legal team at the tribunal.
"We won't know until that day whether someone is turning up or not," he added. "There is no question at the moment that anyone has not co-operated fully with the tribunal, nor is there any breach of any order."
The tribunal resumes its hearings into events surrounding the death of Mr Riche Barron and the subsequent Garda investigation today at Belfield Office Park in Clonskeagh, Dublin.