The DDP has formally withdrawn almost 160 summonses against Frank McBrearty, a publican from Raphoe County Donegal, and other members of his family, staff and clients. No reason was given by the State for the withdrawal. According to counsel for the DPP, Richard Lyons, it is established practice by the DPP Office not to give reasons in such cases. Mr Lyons made reference to an ongoing Garda investigation and the necessity to avoid possible prejudicial comment.
The barrister for the McBrearty family said that his clients had been put through horrendous stress, anxiety and difficulty right up to the eleventh hour. This case had been going on for two and a half years and they had spent over 40 days in court. To add insult to injury, Peter Nolan said that his clients were only Frank McBreartyevening. He said that Mr McBrearty did not even get an apology from the State.
Mr Nolan said that a very serious financial burden had been placed on Mr McBrearty and that the State had tried to close his premises down. He described this as appalling and scandalous treatment of a citizen. He asked Judge John O'Donnell to apply to the High Court to allow an order of costs to be made against the DPP and also to give his client access to the material on which the decision to withdraw the charges had been made. The judge said that he would consider that and give his decision next month.
The charges against Frank McBrearty had already been heard by Judge John O'Donnell. They related mostly to breaches of the licensing laws, road traffic acts and public order offences. However, the Judge adjourned the case last month, at the request of the DPP, pending the conclusion of an internal Garda inquiry into allegations against certain Gardaí in Donegal. One element of the inquiry headed up by Assistant Commissioner Kevin Carty is the Garda handling of an alleged murder in which members of the McBrearty family were questioned.
A separate aspect of the inquiry is a number of allegations that Gardaí were involved in organising a bomb across the border and informing the RUC and that they split up arms finds, all allegedly to gain credit for intelligence gathering. The Gardaí concerned deny the charges. According to the Garda Press office it will be at least another two weeks before the Carty report is complete.
