McBrearty says he is being framed for murder

Mr Justice Morris described a Donegal publican as "overwrought" after he made an allegation that the tribunal was trying to frame…

Mr Justice Morris described a Donegal publican as "overwrought" after he made an allegation that the tribunal was trying to frame him for murder.

Mr Frank McBrearty jnr is representing himself because he is unable to obtain reassurances over legal costs.

"The tribunal is trying to frame me for murder, and I'm not finished at that," Mr McBrearty said while making an application that counsel for the tribunal and the Garda Commissioner withdraw from the record comments relating to a disputed statement attributed to Mr McBrearty.

"Mr McBrearty is overwrought and is not himself in many ways, and I believe on the spur of the moment he says things that he doesn't really mean," the chairman said.

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During the lengthy application Mr McBrearty said that a statement in the possession of the tribunal dated October 18th, 1996, was not a statement he had made.

He said this statement was rewritten so that a signature would match a signature on an alleged confession relating to the death of Mr Richie Barron, which gardaí say he made when he was arrested in December 1996.

Forensic pathologists last year told the tribunal that Mr Barron most likely died as a result of a car accident, and the Garda Commissioner last month confirmed that the case had been redesignated as death due to dangerous driving in 2002.

In an extended address, Mr McBrearty read into the record large tracts of his own evidence given in Donegal town last year, interviews he had with tribunal investigators and statements by other witnesses.

At one point during his address, the chairman told Mr McBrearty an application was "not a licence to you to read on and on and on through the paperwork of this tribunal". At the close of Mr McBrearty's submission, Mr Justice Morris said Mr McBrearty was overwrought and he would take this into account if Mr McBrearty made "extravagant" allegations.

The tribunal also heard that the Labour TD, Ms Joan Burton, met Mr McBrearty's father the day he and several others were arrested in December 1996. Mr McBrearty said a senior officer learned this because his cousin was a TD.

He said Garda John O'Dowd was directed to get a statement against his father, who was arrested the next day when he returned from Dublin.