The Donegal publican Frank McBrearty Senior has begun High Court proceedings to try to compel the Garda Commissioner to investigate allegations of perjury by five of his officers.
The McBrearty family claim that they endured continuous harassment by Gardaí following the death of local man Richie Barron in 1996.
On six occasions the McBrearty's were told that a Garda Divisional circular, which instructed that Frank McBrearty and his extended family should be watched, did not exist. The High Court was told today that Superintendent Kevin Lennon, who denied its existence, was one of its authors.
During court proceedings five Gardaí denied on oath the existence of the document. It was subsequently proved to exist and was obtained by court order.
Today Frank McBrearty got leave in the High Court to take judicial review proceedings against the Garda Commissioner and seek an order compelling his to conduct an investigation.
He claims that the Commissioner refused to investigate despite being offered a number of witnesses including Mr McBrearty's solicitor who had witnesses these events.
The High Court was also told today that Frank McBrearty and his family has lost complete confidence in the investigation being carried out by Assistance Commissioner Carty into their complaints of malpractice by Gardaí in Donegal.
