Mr Frank McBrearty snr was brought to hospital twice while detained by gardaí over a two-week period, Mr Paul McDermott told the tribunal.
He was suspected by gardaí of "watching and besetting" people who were being questioned in connection with the death of Richie Barron. He was arrested under the Offences Against the State Act on December 5th, 1996. This meant he could be held and questioned for up to 48 hours, in contrast to the 12 hours permitted if he was arrested on suspicion of murder.
He was taken to Letterkenny Garda station. Mr McBrearty snr suffered from bad health and about two hours later a doctor arrived and examined him, at his solicitor's request. He told the garda in charge that Mr McBrearty was in danger of having a heart attack or a stroke and said he should be taken to casualty. He was taken to Letterkenny general hospital.
From there he was transferred to Blanchardstown hospital in Dublin on December 11th, staying there for an hour before being moved back to Letterkenny hospital. On December 12th, he was discharged from hospital and taken back into Garda custody. He was questioned for a further 7½ hours.
The next morning, he complained of chest pains. He was further questioned from 8.35 a.m. until he was visited by a doctor at about 12.30. He was again brought to Letterkenny hospital.
On December 18th, he was transferred to Beaumont hospital in Dublin. The next day he was told he was no longer in Garda custody.
His treatment is the subject of a number of complaints. In particular, his solicitor has said that on December 12th he sent a letter from a consultant physician to the gardaí in Letterkenny, recommending that he should not be interrogated. Yet the interrogation continued.