Psychiatric reports detailing the hospital treatment of a woman who claims she suffered a breakdown after being interrogated by garda∅ in connection with the McBrearty affair in Co Donegal have gone missing.
The North Western Health Board confirmed yesterday that part of the medical records of Ms R≤is∅n McConnell, who is married to a nephew of a Raphoe publican, Mr Frank McBrearty, could not be located. A senior officer has been appointed to compile a report on the matter "within days".
Ms McConnell is suing the State for damages for psychological trauma as a result of her arrest and interrogation in Letterkenny in December 1996. Her case was adjourned in the High Court last week. It is the first of several civil actions being taken by members of the extended McBrearty family against the State.
A tribunal of inquiry to investigate the McBrearty affair is to be formally established by the Minister for Justice this week. Mr Frank McBrearty has alleged that certain garda∅ tried to frame members of his family for the death of a local man, Mr Richie Barron in October 1996.
A legal representative of the McBrearty family called yesterday for an urgent explanation about the missing files. "Something very peculiar is going on again. Maybe there is a simple explanation, but in this case nothing is simple, unfortunately. We have to ask why this file, and why at this time," he said.
The security situation concerning people's personal records would have to be reviewed. "We don't know if files are secured," he said.
The disappearance of the records was discovered by a psychiatrist at St Conal's Psychiatric Hospital in Letterkenny after she was asked to give evidence in Ms McConnell's High Court case.
This psychiatrist has carried out an assessment on Ms McConnell in preparation for the case. She was not at the hospital when Ms McConnell was there for two weeks shortly after her arrest and interrogation by garda∅. Some of the doctors who treated Ms McConnell at the time have since left the State.
The missing records are believed to contain information about her condition on being admitted to the hospital, and the treatment she received. Her legal representative said these would be vital to her case.
Ms McConnell was one of six people arrested by Co Donegal garda∅ on December 4th, 1996, in connection with the death of Mr Barron, whose body had been found on a roadside in Raphoe six weeks earlier. Those arrested included Frank McBrearty snr, his son, Frank, his nephew, Mark McConnell, and his wife, R≤is∅n.
Mr McBrearty has alleged that attempts were made to frame his son and nephew for the death and that his family was harassed by certain garda∅ over a prolonged period. No charges were ever brought, but a signed statement by Mr McBrearty jnr admitting the killing of Mr Barron, which he denies ever having made, exists.
The McBrearty affair has resulted in up to 20 High Court actions being taken against the State for malicious prosecution, assault and breach of constitutional rights.