A nephew of Raphoe publican Mr Frank McBrearty was seen in a Letterkenny hotel by a barrister for the family on the night he was alleged to have been in Sligo making threats with a silver bullet, Sligo Circuit Court was told yesterday.
Mr Peter Nolan represented the McBrearty family when they faced some 165 summons in the District Court, all of which were subsequently withdrawn. He was giving evidence yesterday in the trial of Mr Bernard Conlon, of Cartron Bay, Sligo, who has denied three counts of making false statements to gardaí.
The court has heard that Mr Conlon, prompted by a garda, made statements against the McBreartys. He further alleged that two men called to his home, referred to him as "the McBrearty informant" and threatened his life with a silver bullet. He identified these men as Mr Mark McConnell, a nephew of Mr Frank McBrearty, and Mr Michael Peoples, an employee of the McBreartys.
Mr Nolan told the court that after Mr McConnell informed him of the allegations against him, some two weeks after the night the incident was supposed to have occurred on July 20th, 1998, he realised he had seen Mr McConnell in Letterkenny on the night in question.
He remembered the night because a colleague's car had broken down and he assisted him in checking into Gallagher's hotel in Letterkenny. Hotel records were subsequently checked and this was verified, Mr Nolan said. He also remembered being surprised at seeing Mr McConnell in the hotel.
Mr Nolan later made a statement to gardaí saying he had seen Mr McConnell in the hotel between 10 p.m. and 10.30 p.m. that night.
Asked under cross-examination about cases taken against the McBreartys, Mr Nolan said "they were arrested so many times for so many things it is difficult to remember". He said a total of about 165 summonses relating to more than 200 charges were issued against the McBreartys and he had spent 48 days in the District Court representing them before the charges were withdrawn by the DPP.
Mr Nolan said a garda named in court as the one who asked Mr Conlon to make statements against the McBreartys was in court on some of those days. "In the earlier days, the State had more confidence in the case," he said. Later, "the case changed" and a representative of the Garda Complaints Board was present.
"It became obvious that the gardaí themselves had some disquiet about it and that maybe some guards on the ground required investigation," Mr Nolan said.
Earlier, a man who was a house-mate of Mr Conlon's at the time the allegations were made said the house was "like a Garda station" because so many gardaí were calling there.
Mr Tony Doyle described arriving home from work that night and finding Mr Conlon sitting in the dark. Mr Conlon told him two men had been to the house and threatened him. Mr Doyle called Sligo Garda station for Mr Conlon and asked for a named garda.
Mr Doyle said he knew Mr Conlon "got on well" with this garda, who was "up and down" to the house so much "he might have moved in". This garda was not at the station that night and two others responded to the call.
Mr Doyle said he believed Mr Conlon had "a liking" for gardaí, especially members of the Special Branch, and it had "gone to his head".
"Every time I came from work guards were in the house, there was nothing but guards in the house," he said.
Insp Gerry Connolly gave evidence of calling to Mr Conlon's house after Mr Doyle's call. Mr Conlon appeared agitated, he said.
Insp Connolly gave details of how Mr Conlon later identified Mr McConnell and Mr Peoples as those who had threatened him. Both were arrested and denied all allegations. One was held for 48 hours and one for 39 hours, files were sent to the DPP who directed that no prosecutions be taken.
Mr Peoples told the court he did not call to Mr Conlon's house on that night or at any other time.
The trial continues today before Judge Carroll Moran.