A garda claimed that Mr Frank McBrearty jnr beat himself up while in custody in February 1997, the Morris tribunal heard yesterday.
According to Mr Paul McDermott SC, counsel for the tribunal, Mr McBrearty jnr said he was assaulted by Garda John O'Dowd while in custody in connection with an allegation he had assaulted a man in his father's night-club. Mr McBrearty said Sgt John White also blew smoke in his face and walked over him.
However, Mr McDermott said that Garda O'Dowd claimed Mr McBrearty jnr threatened to hit his head off the wall and blame the garda. Garda O'Dowd had said he was in the interview room alone with Mr McBrearty.
Garda O'Dowd had said: "He [Mr McBrearty jnr] immediately jumped up from the chair and hit the wall with his forehead. As soon as he did that he began to punch himself with his fists around the eyes and the side of his head. I immediately alerted a member, Garda John Rouse, who was in the corridor, to come into the interview room and witness what Frank McBrearty was doing to himself."
Mr McBrearty had said he was sitting with his head in his hands. "Garda O'Dowd punched me in the face two or three times. I shouted for help. A number of gardaí and my solicitor came into the room."
Garda Rouse and Sgt White support Garda O'Dowd's version of the events. There is no statement from Mr McBrearty's solicitor about them.
Meanwhile, the tribunal heard that Mr Frank McBrearty paid £15,000 sterling to the man who had been assaulted in his night-club to withdraw his allegation that Mr Frank McBrearty jnr had done it.
Mr Edward Moss lived in Castlederg, Co Tyrone, and on December 29th, 1996, visited the night-club with his girlfriend and another couple. In the early hours of the morning one of the young women became weak and fell to the floor. While Mr Moss and his friend were attending to her a man burst among them claiming to know first aid. This was Mr McBrearty jnr.
Mr Moss said that when he and his friend attempted to take the woman outside for some air he was assaulted by Mr McBrearty and two bouncers. He sustained a number of injuries. On December 31st he made a complaint to gardaí. On January 6th, 1997, Mr McBrearty snr visited Mr Moss and blamed his son. On January 14th Mr Moss received the £15,000 in a plastic bag in return for agreeing not to take an action against Frankie's night-club for the injuries he sustained.
Mr McDermott said there was a difference between a compromise in a civil action, where a person withdrew a case in return for a monetary settlement, and an inducement to withdraw a statement in a criminal case.
The gardaí in the case said this payment was an attempt to pervert the course of justice and put this to the DPP. The DPP said in his direction he did not think the circumstances were sufficiently clear to warrant prosecution for attempting to pervert the course of justice.
On February 4th Mr McBrearty jnr was arrested in connection with the assault.
This was five months after the death of the cattle dealer, Mr Richie Barron, about which he had been arrested and questioned in December, but not charged. Mr McBrearty has claimed that the main purpose of the February arrest was to continue asking him about the death of Mr Barron.
A camcorder was brought in, and part of the questioning was recorded.
Sgt White said this was to protect the gardaí from allegations of mistreatment. Mr McDermott told the tribunal there was no statutory provision for the use of a camcorder in this way.
In April 1999 Mr McBrearty and the two bouncers were charged with the assault. The charges against the bouncers were struck out, and the jury acquitted Mr McBrearty.