NOTHING succeeds like excess and the succession of criminal activity by the 26-County police culminating in perjury has led to the ruin of many innocent families.On February 12, the Dublin administration was forced to concede to demands for an inquiry into Garda corruption in Donegal. There are no mechanisms for an independent probe into allegations of Garda corruption.
Instead a tribunal will be held to inquire into the issue. As a further delaying tactic the Dublin cabinet is seeking to bring in legislation to allow portions of the tribunal to be held in private.
Much of the attention is expected to be focussed on the case of publican Frank McBrearty and family of Raphoe. Allegations range from the fabrication of evidence to a claim that a bugging device was used to listen to the McBrearty family and their lawyers at a police barracks in Donegal.
The “McBrearty Affair” began in 1996 with the death of local man Richie Barron who was found lying on the roadside in the early hours of October 14 with severe head injuries.
Presuming it to be a hit-and-run, police failed to preserve the scene of the death and the State pathologies was not called. The result of a post-mortem examination carried out in Letterkenny General Hospital proved inconclusive.
This did not stop rumours by the police that Richie Barron’s death was the result of assault. In early December members of the McBrearty family were arrested and subjected to prolonged interrogation. Thus began the regime of Garda harassment of the McBrearty household.
Despite the fact that no charges were ever brought in relation to the roadside death in 1996 and no evidence to implicate the family in the death apart from an alleged signed confession from Frank McBrearty jnr, which he denied ever having made, the McBreartys were to endure a long torment from the State.
The family initiated civil action claiming ill treatment, intimidation and harassment.
In June 2000 at Donegal District Court more than 180 summonses for alleged licensing, traffic and public order offences were dropped by the DPP without explanation.
The body of Richie Barron was exhumed in July 2001. Following a post-mortem, State Pathologist John Harbison expressed the view that his injuries were consistent with being struck by a vehicle.
One of the policemen involved in the interrogation of the McBreartys is Jerry McGrath who was also involved in the interrogation of Colm Murphy.
Following an internal investigation into police corruption begun by Assistance Commissioner Kevin Carthy in March 1999, five civilians have been charged with giving false information and only one member of the 26-County police. He was charged with unlawful possession of a firearm. One of the civilians claimed he was a paid informer.
Other areas of corruption concern the case of nightclub owner, Frank Shortt, who had a conviction for knowingly allowing drugs to be sold at his Quigley’s Point premises quashed.
The State said it was not resisting Shortt’s appeal because of allegations against a Garda in Donegal. Frank Shortt endured three years in prison before winning his appeal in November 2000.
The planting and replanting of explosives so that certain Gardaí could gain kudos should also exercise the tribunal.
Also the case of Hugh Diver from Ardara, who says he was wrongfully
arrested in connection with a find of crude explosives at a site of a proposed
MMDS mast where locals had been protesting in 1994 and with the case of
Alfie Gallagher from St Johnston whose home and farm were searched for
explosives in 1997.
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