What happened to McBrearty Jnr at the Morris tribunal during the week?

Frank McBrearty Jnr walked out of the Morris tribunal hearing last Tuesday after a protracted and heated exchange during cross-examination. McBrearty Jnr was being quizzed by solicitor Tom Murphy, representing a garda who had questioned McBrearty Jnr in October 1996. This was following the hit-and-run killing of Raphoe cattle dealer Richie Barron.

What is at the root of McBrearty's grievances with the tribunal?

A cursory look at the events in the Morris tribunal might make you think that McBrearty Jnr will never be content. He was vindicated in a previous report of the tribunal, which has stated categorically that he was framed for the murder-thatnever-was of Richie Barron.

He has also been awarded a significant financial award by the state. However, McBrearty Jnr does have a genuine and understandable grievance - the issue of costs.

What is the nature of the costs issue?

McBrearty Jnr and the other victims of the Donegal garda scandal have been at loggerheads with Justice Frederick Morris and the state for years over the issue of their legal costs.

The McBreartys argue that it is unfair to them - as victims in the whole affair - that the minister for justice, the garda commissioner and all the gardaí who have appeared at the tribunal have their legal costs paid by the state while the McBreartys do not have the same guarantee.

As the potential costs are millions of euro, the McBreartys feel that they are left in an impossible, and potentially ruinous, situation.

On the other hand, even though the matter has been raised in the Dáil by opposition TDs, an Taoiseach Bertie Ahern has outlined, on foot of advice from the attorney general, that a guarantee on costs could not be given in advance of the tribunal's conclusion.

Should the McBreartys be guaranteed their legal costs?

Before the Morris tribunal commenced in 2002, the gardaí had already determined that the McBreartys were not guilty of the murder or manslaughter of Richie Barron in October 1996. An Garda Síochána had re-designated his death as a hit-and-run accident.

As the tribunal is merely an exercise in revealing why the McBreartys had been framed and persecuted by the gardaí, it can reasonably be argued that their costs should be guaranteed.

Minister McDowell's argument against the provision of a state guarantee of a party's tribunal legal costs, it would forfeit the option of refusing to pay legal costs to witnesses who obstructed the work of the tribunal. The minister is also cautious about setting a precedent ahead of other tribunals of inquiry.

As a result of the thorny cost issue, McBrearty Jnr has appeared at the Morris tribunal without legal representation.

How did McBrearty Jnr, without legal representation, cope with questioning from the state's legal team at the tribunal last week?

Justice Morris said on Tuesday that McBrearty Jnr was overwrought and "under a considerable amount of pressure". A look at the transcript of what was said at the tribunal on Tuesday underlines this.

During the course of cross-examination by Tom Murphy, McBrearty Jnr became more and more agitated. While being questioned, McBrearty Jnr said he accepted his signature was on a controversial document purporting to be an admission that he assaulted Richie Barron.

He denies, however, that he ever made the false statement admitting to the assault which appears on the first page of a twopage document.

As he was cross-examined on this point by Murphy, McBrearty Jnr said that Murphy was accusing him of murder. Defending himself, McBrearty became more and more angry and he threatened to walk out of the tribunal.

He claimed to Justice Morris that his constitutional rights were being infringed at the tribunal and said: "?I'm being accused of the most serious crime humanity can be accused of."

He added: "I'm telling you now, Murphy, don't accuse me again of killing Richie Barron."

As the debate became more heated, McBrearty criticised the tribunal for allowing him attend unaided by lawyers and he said: "I can't cross-examine those people, I'm too emotionally involved."

Becoming distressed, McBrearty, who has suffered ill-health over the past decade, claimed that he had high-blood pressure and asked for a doctor.

Was McBrearty Jnr irrational in leaving the tribunal?

After much wrangling with Murphy, McBrearty Jnr walked out of the tribunal for the fourth time.

Before he left he said: "I'm sitting in here with no lawyers or nothing and no redress or anything to cross-examine. I wouldn't have a problem if I was allowed to cross-examine with the same legal representation as the garda commissioner and minister for justice has."

While there is no doubt that McBrearty's behaviour was not what you'd expect from a witness, most people giving evidence at a tribunal would not have to appear in front of heavily experienced legal teams to defend themselves.

What stage is the tribunal at?

The tribunal began work under the chairmanship of Justice Morris in early 2002 and has sat for 549 days to date.

In that time, modules probing the fraudulent planting of explosives, the death of Richie Barron, the use of garda informants, extortionate phone calls, and the threat of a 'silver bullet' have all been completed.

The current module, at which Frank McBrearty Jnr appeared last week, is focussed on an inquiry into complaints made by people in Donegal about their arrests, detention and interrogation by members of the gardaí.

What happens next?

Frank McBrearty Jnr still faces crossexamination from legal teams representing former Det Sgt John White and former Garda John O'Dowd, who questioned him during his arrest on 4 February, 1997, in connection with an alleged nightclub assault of which he was later acquitted.

It remains to be seen how long it will take Justice Morris to bring a conclusion to the current tribunal module.