Three senior Gardaí have been named in the High Court as leading conspirators in a campaign against the McBrearty family in County Donegal.
The court was told that the three, a Chief Superintendent, a Superintendent and a Detective Inspector, conspired together and with criminal elements in the County against the McBreartys.
They were named in an affidavit from Frank McBrearty, who was granted an interim injunction restraining the Gardaí from continuing to circulate a document containing references to the McBrearty family.
Mr McBrearty stated on affidavit that certain Gardaí engaged in a campaign of spite against him and his family because he had reported one of their colleagues for corrupt practices. He also told the High Court that two weeks ago a Donegal woman told his solicitor that she and a male friend had made detailed statements to the Gardaí after the death of Richie Barron in October 1996.
These statements suggested that Mr Barron was the victim of a hit-and-run, but their existence was never revealed by Gardaí. McBrearty was granted an interim injunction restraining the Gardaí from continuing to circulate a document which advised officers to report any incidents or unusual contact between the McBrearty family.
Mr McBrearty said that the leading Garda conspirators included Chief Superintendent Denis Fitrzpatrick who was the author of the document. When Mr McBrearty's solicitor told the Chief Superintendent in 1999 that the huge number of criminal prosecutions against the McBreartys was causing him financial ruin, the Chief Superintendent is alleged to have replied menacingly that resources were not a problem to the Garda Síochána. He was in charge of the Donegal Division during the period the McBreartys say they were the objects of a reign of terror by the Gardaí.
The second officer named is Superintendent Joseph Shelly. Mr McBrearty says that he directed and, in the face of opposition from other officers, insisted that Mr McBrearty's son and nephew were to be arrested in the company of their children. He also insisted that Rósín McConnell, the wife of Mr McBrearty's nephew, was to be arrested even though he was warned the her arrest would be unlawful.
The third officer is Detective Inspector John McGinley, since promoted to Detective Superintendent. It is claimed that he is the senior Garda accused by Garda Tina Fowley of practising the signature of Frank McBrearty Junior in Letterkenny Garda station while he was in custody and had allegedly signed a confession to the killing of Richie Barron.
It is also claimed that he was present with a man known only as Mr X who was forced to sign a statement alleging that he saw Mr McBrearty's son and nephew leaving the scene where Richie Barron was found. When Mr X sought to retract this statement which gave rise to a murder investigation he claims he was assaulted and threatened with assault by the Gardaí.
Last night, the Dáil rejected a joint opposition motion calling for a judicial inquiry into the McBreartys' allegations. The two Donegal independents, Harry Blaney and Tom Gildea, supported the Government, and the motion was defeated.
