THE STATE and Garda Commissioner will this month outline to the High Court their position on liability in an action for damages by Frank McBrearty Snr.

The case has been fixed for hearing at a special sitting of the High Court in Castlebar on October 2nd. The Senior Counsel for the McBreartys, Martin Giblin, told the court this week that his clients were very anxious that the case proceed then, that they had been waiting for eleven years and would be psychologically affected if the action was not heard. However, the defendants have advanced a series of reasons for the case not to proceed. They say they will seek adjournments if there were efforts made to introduce 'inflammatory evidence' and were prepared to make a substantial interim payment to the plantiffs to address financial hardship in the event of an adjournment.

On Friday, Mr Justice Paul Gilligan said he was adjourning the matter until July 24th when it would be appropriate that the issue in relation to liability be dealt with.