McBrearty says payout proves extent of abuse

A Donegal businessman framed for murder today said his record compensation payout of €1

A Donegal businessman framed for murder today said his record compensation payout of €1.5 million and apology from the Government proved the extent of abuse he suffered.

Frank McBrearty Junior, who was branded a murderer by detectives when he was arrested in front of his young children, had vowed to destroy Minister for Justice Michael McDowell in the High Court for failing to act on his allegations.

The amount paid to us in this settlement, which is the largest of its kind in the Irish state in a case of this magnitude, shows the level of abuse we have had to endure from agents of the state
Frank McBrearty Junior

But in an out-of-court settlement the publican has ended his civil action accepting one of the largest pay-outs ever for a case of its kind.

"The amount paid to us in this settlement, which is the largest of its kind in the Irish state in a case of this magnitude, shows the level of abuse we have had to endure from agents of the state," he said.

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Mr McBrearty Jnr was falsely arrested and intimidated by gardaí while he became the subject of a whispering campaign and harassment in his home town. He later later exposed their corrupt dealings at the Morris Tribunal.

He refused to be drawn on the exact level of compensation he and his wife had been awarded for their suffering, but it is understood to be around €1.5m.

Nor would he reveal whether the Government would issue him with a public apology.

"I have received an apology in the agreement that I have signed with the state, that they apologise for the findings of the Morris Tribunal to date which says that I am a totally innocent man framed in the wrong by certain members of the garda force," he said.

Mr McBrearty had consistently demanded officials at the Department of Justice apologise for his treatment at the hands of a number of rogue gardai.

But instead of pursuing this, his claim for damages for malicious prosecution, wrongful arrest, false arrest and breaches of constitutional rights has been met with a payment twice as large as the courts were likely to offer.

The Raphoe businessman was vindicated in the second damning report of the Morris Tribunal. It detailed a botched investigation into a mysterious hit-and-run which left cattle dealer Richie Barron dead. It showed gardai attempting to frame Mr McBrearty Jnr and his cousin Mark McConnell and a web of deceit and cover-ups when the corruption was first probed.

Mr McBrearty called on the Government to stand up and answer for their inactions and silence over the scandal during the last nine years.

"What my family have suffered over the past nine years should never be allowed to happen to anyone in this country ever again," he said.