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Angry exchanges at Morris Tribunal

Frank McBrearty Jnr - Refused to answer questions
Frank McBrearty Jnr - Refused to answer questions

Frank McBrearty Junior's return today to the Morris Tribunal was marked by a number of angry exchanges.

Barrister Michael Cush put it to Mr McBrearty that he knowingly signed a confession and was ashamed of it.

Mr McBrearty responded that his family were the only ones damaged and that his family had exposed how corrupt the garda force was and he said the State should be thanking them.

Frank McBrearty Junior has insisted that he never changed his evidence in relation to statements he made while in custody in Letterkenny Garda Station.

In response to questions from counsel for a number of gardaí, Mr McBrearty said he never changed his evidence and never confessed to the murder of Richie Barron.

He said he was prepared to take a lie detector test or see a hypnotist if that would satisfy the barrister and he said he would even pay for it himself.

Michael Cush SC put it to Mr McBrearty that all of his allegations of physical abuse by gardaí in custody were all false - he said Mr McBrearty was not slapped, prodded, knocked off a chair and repeatedly kicked in the shins as he claimed.

He said Mr McBrearty did not show any injuries to the doctor in the garda station and Mr McBrearty said that was because he did not have any injuries because the methods the gardaí used left no marks.

Morris adjourns after outburst

The Chairman of the Morris Tribunal rose for a short period this morning to see if Frank McBrearty Junior can 'see sense'.

Mr McBrearty refused to answer questions put to him by Michael Cush SC because he said they were not relevant to his arrest and detention on 4 December 1996.

Mr Cush was attempting to ask Mr McBrearty questions about his detention for the alleged assault of Edward Moss in February 1997. But Mr McBrearty said Mr Cush did not represent anyone connected with that case.

He said Mr Cush was accusing him of assaulting Mr Moss, but he had been found not guilty in court of that charge.

Mr McBrearty said he would go to the High Court for assistance, but the chairman ruled that Mr Cush's questions were legitimate and indicated he should ask them.

Mr McBrearty became very irate and said the chairman was satisfied with whatever the guards said and he could rule all he liked - again he told him not to threaten him - 'I've had enough threats for ten years in this country,' he said.

The question Mr Cush attempted to put to Mr McBrearty was that in the course of his detention in February 1997 he expressed the intention of injuring himself and blaming it on the gardaí.

Mr McBrearty replied 'no comment'.

The chairman then said that he would rise to allow Mr McBrearty to hopefully see sense and talk with lawyers for the tribunal.

The tribunal resumed a short time later.

Outburst over garda presence

Frank McBrearty's return to the Morris Tribunal was earlier marked by an outburst by him, when he told the chairman that he would not give evidence until three gardaí left the room.

Mr McBrearty walked out of the tribunal when it sat in Donegal last October. He said he would not allow himself to be cross-examined by legal representatives of gardaí who had framed him for murder.

Today he returned to the tribunal in Dublin which was due to begin with cross examination by counsel for retired Det Sgt John Melody, Det Sgt Gerard McGrath, Inspector Eamon O'Grady and retired Det Sgt Hugh Smith.

However, as barrister Michael Cush stood up to question him, Mr McBrearty shouted that he could not concentrate with 'them three b******s' in the room.

Referring to three of Mr Cush's clients who were in the room, Mr McBrearty said he would not give evidence with the three of them in the room because he could not concentrate.

He said he would not be responsible for what he would do to them if they did not leave the room.

When the chairman interrupted, Mr McBrearty told him 'don't threaten me any more.'

Mr McBrearty said his children were sitting fretting in Donegal about the threats the chairman had made to him in Donegal.

Mr Cush said his clients were entitled to be in the room and had tried to seat themselves out of Mr McBrearty's line of vision. The chairman said that on a previous occasion they had moved to another room with a video link and he would appreciate it if they could do that again, which they then did.