Morris tribunal:A document written by a solicitor in December 1996 outlining serious allegations of Garda mistreatment from Frank McBrearty jnr was not in materials provided to the Morris tribunal, it has emerged.
Solicitor James Sweeney told the tribunal he visited Mr McBrearty in Garda custody on December 4th, 1996, and recorded complaints of mistreatment from him at the time. He met Mr McBrearty jnr again after his release, and Mr McBrearty jnr reiterated his complaints.
The firm of solicitors later recorded complaints from Mr McBrearty jnr in detail, including that he was continuously abused during his 12 hours in custody; knocked off a chair, hurting his back; subjected to demeaning insults, including accusations that he was a wife beater, and alcoholic and "a murdering bastard"; and was presented with a bogus statement purporting to be from his cousin, Mark McConnell.
A letter outlining these complaints from Mr McBrearty jnr was sent to the superintendent in charge of the Letterkenny district. However, the copy of the second page of this letter, which Mr Sweeney showed the tribunal, differed from that in the possession of the tribunal.
The solicitor told the tribunal that Mr McBrearty jnr complained to him that he had been physically abused when he spoke to him about an hour after he was arrested on the morning of December 4th, 1996.
Mr McBrearty jnr was arrested for the murder of cattle dealer Richie Barron, whose death the tribunal has found was the result of a hit-and-run collision. He told his solicitor he had been prodded and poked while he was being driven to Letterkenny Garda station.
"He had a problem with all of them [the gardaí], in no uncertain terms," Mr Sweeney said.
"He was very animated." The solicitor said he was concerned for Mr McBrearty jnr's wellbeing after he was released from Garda custody, and said his client was "very distressed." Mr McBrearty jnr walked away from the station, and the solicitor drove after him and gave him a lift home. Mr Sweeney also said that when he visited Mr McBrearty jnr on a second occasion when he was arrested in February 1997, Sgt John White was "very hostile" to him.
"I suppose the best way I can describe him is as if he was trying to bully me out of complaints," he said.
Earlier, Det Garda Martin Anderson said gardaí did not use foul or abusive language during the arrest of Mr McBrearty jnr a decade ago.
Det Garda Anderson said he was told by Sgt Joe Hannigan the night before the arrest that he would be part of the arrest party. He said his job was to take Mr McBrearty jnr's car to Letterkenny Garda station for forensic examination. The detective said Mr McBrearty jnr's children, aged six and seven, were upset and crying, but he said gardaí did not use offensive language to Mr McBrearty jnr.