Documents disclosed to the Morris tribunal show a solicitor recorded that detectives told a Donegal publican that his son had made a statement confessing to the murder of a hit-and-run victim, four months before the publican said he found out about the alleged confession in an affidavit filed in the High Court.
Frank McBrearty snr said he did not remember the contents of an interview with two detectives from the National Bureau of Criminal Investigation (NBCI), Det Sgt John Melody and Det Garda John Fitzpatrick, who told him his son, Frank McBrearty jnr, had made a statement of admission.
The publican (62) has said it was not until several months later that he learned of the alleged confession to the murder of Mr Barron, a hit-and-run victim, when it was produced in an April 1997 High Court affidavit following a civil action he brought against the Garda.
Mr McBrearty earlier waived legal privilege and handed over legal documents dating from the time of his arrest, including the notes taken by his solicitor, James O'Donnell. He said that in return, he wanted the tribunal to obtain other documents he had asked for.
After a meeting with Mr O'Donnell in Letterkenny hospital in December 1996, the lawyer recorded that "Frank said that two detectives, who he called John and John, told him that they had a signed statement from Frank jnr admitting to the murder of Richie Barron".
George Bermingham SC said that Det Melody and other clients against whom Mr McBrearty made allegations denied any misconduct during his detention, and asked Mr McBrearty why the tribunal was only learning after more than 500 days of evidence about the conversation with his solicitor regarding what the detectives told him.
Mr McBrearty said he did not believe there was a confession from his son in the first place.