The key tribunal witness has told the Sunday Tribune that he intends to present himself for cross-examination at the Tribunal in the coming weeks "under protest".

He had walked out of the tribunal on 25 October stating that he would not submit to cross-examination by legal teams representing gardai, whom he alleges abused him, until his legal costs had been guaranteed by the Minister for Justice Michael McDowell.

This weekend, he told the Sunday Tribune, "I pulled out and said I would not be allowed to be cross-examined by the legal teams for the AGSI, the GRA, the Minister for Justice, Sgt John White, Garda John O'Dowd, and the Garda Commissioner.

"Justice Morris then threatened to take me to the High Court for not co-operating with the tribunal but I have decided under protest that I will let them crossexamine me even though I don't have the legal funding the Garda Commissioner and the Minister for Justice have."

McBrearty Jnr outlined that he is making his U-turn as he does not want to be accused during future proceedings against the state of not co-operating with the Morris Tribunal.

"Justice Morris says I made serious allegations against members of the Garda force and that they had a right to cross-examine me on those allegations but he unfairly does not mention that those officers who I made serious allegations against are fully funded by the state, even though I am a victim."

McBearty's about turn decision comes just days after the Morris Tribunal had asked him to undergo "a full psychiatric and psychological assessment". This has been termed "an unprecedented move in tribunal history", by a senior legal source.

Meanwhile, Frank McBrearty Snr has confirmed that he will attend the Morris Tribunal when it meets in Dublin tomorrow.

McBrearty Snr told the tribunal in Donegal town last month that he was unable to give evidence as his nightclub had suffered flood damage the night before and he "wasn't thinking straight".

Justice Morris has accepted the assurance that McBrearty Snr would appear in Dublin and asked for an assurance that McBearty would not walk out.