BY KATE HEANEY
THE final Report of the Morris Tribunal into garda corruption in Donegal released on Wednesday has warned of the "potential for catastrophic injustice that arises when laws are flouted, protections abandoned and lies told by some garda in pursuit of those whom they regard as guilty".
The report into the detention of Frank McBrearty senior and junior and members of their family and staff following the October 1996 death of Richard Barron, led Mr Justice Frederick Morris to conclude that an unhealthy focus or tunnel vision by garda during this investigation led to "manufactured evidence, wrongful arrests and completely improper behaviour by garda towards prisoners in their custody".
"It cheapened the presumption of innocence and undermined the truthful resolution of a very tragic case. It dominated the lives and struck at the reputations of two families: the extended Quinn family and the McBrearty family. It did serious damage to the reputation of An Garda Siochana and its integrity and professionalism. It contributed towards social division in the town of Raphoe where bitterness and resentment related to the death of the late Richard Barron and the subsequent garda investigation continue to this day.
"What happened to those wronged in the course of these events, at the very least, requires a full apology by the state and the Commissioner of An Garda Siochana, which at the time of writing has not been forthcoming.
"Finally, it should also be noted that in monetary terms, the wrongdoing by some garda, as outlined in this and previous reports of the Tribunal, has cost the state dearly. Substantial amounts of compensation were paid to members of the extended Quinn and McBrearty families in the civil actions which they brought against the State," the tribunal Chairman said.
The 1,300 page report concluded that the arrests and detention of Frank McBrearty junior, Frank McBrearty senior, Mark McConnell, Roisin McConnell, Michael Peoples, Edel Quinn, Charlotte Peoples, Mark Quinn, Katrina Brolly, Martin McCallion, Sean Crossan and Damien McDaid were unlawful. It also concluded that allegations of bugging of conversations between prisoners and their legal representatives in Letterkenny Garda Station were unfounded.
Garda Commissioner Fachtna Murphy fully accepted the findings in the report. He said that the powers of arrest and detention bestowed on members of An Garda Siochana carried profound responsibility and the community is entitled to expect that garda will exercise those powers appropriately and that every member of An Garda Siochana will work to protect and uphold the rights and dignity of the people they encounter in the course of their duty.
"It is a matter of profound regret to me and to An Garda Siochana that this was not the experience of the individuals whom this report finds to have been mistreated by members of the organisation as identified by Mr Justice Morris. I want to take this opportunity to apologise to those people," Commissioner Murphy said
Frank Mc breaty jnr said the final Morris Report had totally assasinated his charachter. He accussed Mr Justice Frederick Morris of calling him a liar and described the final report as "unbalanced".
"I am so hurt tonight I feel like crying. Judge Morris said I was not abused and that I exagerated and told lies. It could be seen on the video," he said.
"I would ask Frederick Morris to come out and publicly call me a liar instead of hiding behind the tribunal. We will finish it in the High Court where my lawyers will defend me the way he should have at the tribunal. Instead he would not allow us legal representation," he said.
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