The Donegal publican held for 14 days under the Offences Against the State Act during the Garda investigation into the death of Richie Barron has said a Garda note of an interview where he was told his son had made a statement of admission in the case was "a fabrication".
Mr Frank McBrearty (62) was interviewed on December 13th, 1996, by Det Sgt John Melody and Det Garda John Fitzpatrick, two of the four members of the National Bureau of Criminal Investigation who also interviewed his son Frank McBrearty jnr on his arrest on December 4th, 1996.
He told the Morris tribunal he did not answer any questions for Det Sgt Melody and Det Garda Fitzpatrick, as he was unwell at the time. The detectives could not have taken interview notes, because there was no interview.
"That is the biggest load of rubbish," he said when asked about a note that his son "admitted his part in the murder".
Det Sgt Melody recorded that he responded: "That's lies all lies, my son wouldn't do anything like that" and "my son is an innocent man and I'll prove that he's innocent", when told of the alleged admission.
"This interview, I am trying to tell you, is made up, fabricated," Mr McBrearty told the tribunal.
"Sgt Melody has said that he took the notes of that interview," tribunal barrister Anthony Barr SC said.
The custody record shows the interview was terminated when a doctor was called to see Mr McBrearty, and he was admitted to hospital. He was arrested on December 5th, 1996 and admitted to hospital twice while in custody. He was held for 14 days. Mr McBrearty told the inquiry no notes were taken during an interview he had with Insp John McGinley and Supt John Fitzgerald on December 12th, 1996.
"I saw no documents, only a white sheet of paper with nothing written on it, that Detective Inspector McGinley asked me to sign," he said.
Tribunal chairman Mr Justice Frederick Morris asked Mr McBrearty if he was sure about the serious allegation he was making against the two officers.
"I'm very, very sure because I was thinking about it last night. The only paper I saw was a white sheet of paper that I was asked to sign and there was nothing on it," he said..