McBreartys get €3m in their action against State

Donegal publican Frank McBrearty (63) expressed relief and satisfaction in Castlebar, Co Mayo last evening after he and his wife…

Donegal publican Frank McBrearty (63) expressed relief and satisfaction in Castlebar, Co Mayo last evening after he and his wife Rosalind had settled a personal action against the State and the Garda Commissioner for €3 million.

The settlement, which had been announced earlier to Mr Justice Paul Gilligan at a sitting of the High Court, came a week after the McBreartys were awarded €2.5 million, for losses caused to their family business by a prolonged campaign of Garda harassment.

Following yesterday's High Court proceedings, Mr McBrearty told reporters: "I'm glad that it's finally over and that we have got justice in the courts 11 years after the gardaí tried to frame me for a crime which never happened."

Ms McBrearty also expressed relief that the long ordeal was over. "The past 11 years have been like a living nightmare", she said.

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Both said they were now looking forward to "getting back to some kind of normal life." Mr McBrearty went on to thank Mr Justice Gilligan whom he said had dealt with the issue of compensation in a very fair manner.

Mr McBrearty will receive €2 million compensation plus €1 million costs for fighting about 160 District Court cases taken by the Garda against him.

Mr Justice Gilligan was told yesterday that the case had been settled without admission of liability by the State. On Tuesday, the State indicated that it would be contesting the claim by Mr McBrearty for personal damages arising from malicious prosecution, wrongful imprisonment, defamation and wrongful arrest.

All the compensation claims arose from Garda harassment of the McBreartys following the death of Raphoe man Richie Barron in 1996. The death was initially treated as an accident, but was later turned into a murder investigation, with members of the McBrearty family being treated as suspects.

Mr McBrearty told the court that he personally and the family company had suffered significant financial losses "as a result of unlawful attacks by agents of the State." On Tuesday, his counsel Martin Giblin SC said the catalyst for Mr McBrearty's arrest on December 5th 1996 was a "doctored" statement. It should have been checked, counsel said.

If it had been checked the plot against Mr McBrearty would have been discovered. There had been a cover-up by senior gardaí of vital evidence that would have revealed corruption in the investigation into the death of Richie Barron, Mr Giblin added.