McBrearty family's requests rejected by inquiry

MORRIS TRIBUNAL: The chairman of the Morris tribunal has refused a request by the McBrearty family to seek a broadening of the inquiry's terms of reference to cover the State's handling of allegations of Garda corruption in Co Donegal.

Mr Justice Morris said the tribunal was charged with carrying out "a public, not a private, function", and while he said the tribunal would consider a future submission on the matter "a mere assertion or request for an extension of the terms of reference is not sufficient".

He also warned the McBreartys that their disquiet over the terms did not alter their legal duty to give evidence to the tribunal.

The chairman was speaking yesterday in response to applications, made last Tuesday, from various parties for legal representation. On that occasion, Mr Frank McBrearty snr said he would not be attending the tribunal unless he was guaranteed payment for legal representation, and the terms of reference were broadened to encompass grievances he had against a number of parties, including the Garda Commissioner, the Director of Public Prosecutions, and the Minister for Justice.

Mr Justice Morris said: "For the moment, I do not think it appropriate to act on Mr Frank McBrearty's assertion because I believe it to be too general in its nature and scope, and premature in its timing." However, he said, the tribunal would entertain "submissions and argument based on the material and evidence".

He added it should be noted the Minister for Justice could also exercise his powers to amend the terms, in consultation with the tribunal.

"I draw attention to this aspect of the legislation because some comments and reports on this matter give the mistaken impression that the initiative lies solely with the tribunal."

On the issue of costs, he said the tribunal was not empowered to grant legal aid under the civil or criminal legal aid scheme.

Nor was it empowered to make a recommendation under a courts indemnity scheme of the Office of the Attorney General.

"The tribunal only has a power to make an order for costs at the conclusion of the tribunal's business" in the context of its findings.

"Consequently, although I appreciate that the retention of lawyers by a private individual to appear before this tribunal on a person's behalf inflicts a heavy financial burden upon him, the tribunal is not vested with any power to relieve that burden."

Mr Justice Morris said the evidence of the McBreartys, and that of their friends and associates, would be important to the workings of the tribunal, adding "the tribunal has a right to expect of each witness called before it that he or she will give their untrammelled evidence directly and truthfully . . . and without regard to any other external issue or grievance."

He added: "It should not be thought by anybody attending before this tribunal that they may give evidence as and when they see fit or at such time as they see fit.

"Further, it should not be thought by anybody attending before this tribunal that threats of non-co-operation will coerce me as sole member of the tribunal to exercise any of the powers vested in me . . . whether in respect of seeking an extension of the terms of reference or otherwise."