Tangle of allegations facing inquiry into Donegal gardai

The claims by the McBrearty family have been followed by other complaints about gardai, writes Theresa Judge , North West Correspondent…

The claims by the McBrearty family have been followed by other complaints about gardai, writes Theresa Judge, North West Correspondent

A complex web of allegations and unanswered questions awaits a tribunal of inquiry into alleged misconduct by gardaí in Co Donegal.

While much attention has focused on the case of the McBrearty family of Raphoe, who allege an attempt was made to frame them for the death of Mr Richie Barron, there are a number of other sets of allegations.

Fine Gael has said the terms of reference of the inquiry must be sufficiently broad to encompass five separate cases.

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The "McBrearty affair" began in 1996 with the death of Raphoe man Richie Barron, who was found lying on the roadside at 1 a.m. on October 14th with severe head injuries.

Initially presumed to be a hit-and-run, gardaí failed to preserve the scene of death and the State Pathologist was not called.

The Barron family say suspicions first arose that their father may have been assaulted when the post-mortem examination was carried out in Letterkenny General Hospital. The result was inconclusive.

In early December members of publican Frank McBrearty's family were arrested and questioned.

No charges were ever brought, although a signed statement admitting the killing of Barron from Mr Frank McBrearty junior, which he denies ever having made, exists. The McBreartys, in civil cases they have initiated, allege ill-treatment, intimidation and harassment. More than 180 summonses for alleged licensing, traffic and public order offences against the McBreartys were dropped by the DPP without explanation in the Donegal District Court in June 2000.

The body of Richie Barron was exhumed in July 2001 and a post-mortem examination was carried out by State Pathologist Dr John Harbison.

Commenting on his report in the Dáil, Justice Minister, Mr John O'Donoghue, said there was "no conclusive evidence" to indicate how Mr Barron died, although Dr Harbison expressed the view that his injuries "could be consistent with his being struck by a vehicle", while accepting another pathologist could take a different view.

An inquiry set up under Asst Commissioner Kevin Carty in March 1999 to examine allegations against gardaí in Donegal has led to five civilians being charged with giving false information and a Garda sergeant has been charged with unlawful possession of a firearm. In a preliminary hearing, one of these civilians has claimed he was a paid Garda informer.

Civil actions for damages being taken by the McBreartys are due to start before the High Court in the coming months.

Over recent months a number of people have been questioned in connection, gardaí say, with a hit-and-run on Mr Barron.

Other sets of allegations relate to the handling of explosives by certain gardaí in Co Donegal.

It is claimed that caches of explosives were stolen and "planted", on one occasion over the Border, so certain officers could get credit for the finds.

The case of nightclub owner Mr Frank Shortt, who had a conviction for knowingly allowing drugs to be sold at his Quigley's Point premises quashed, forms another set of allegations.

Mr Shortt served three years in prison. In November 2000, the DPP said he was not resisting Mr Shortt's appeal because of allegations against a garda in Co Donegal.

Allegations have also been made by Mr Hugh Diver from Ardara, who says he was wrongfully arrested in connection with a find of crude explosives at a site for a proposed MMDS mast, where locals had been protesting in 1994. The case of Mr Alfie Gallagher from St Johnson, whose home and farm were searched for explosives in 1997, has also been raised.

They say the raid was carried out on the word of an informer with a string of convictions.