High Court decision a threat to democracy claims Cllr McBrearty Jnr

The war of words between Raphoe-based independent councillor, Frank McBrearty Jnr and Donegal County Council has taken a dramatic twist this week with the councillor issuing a formal complaint to the commissioner of An Garda Siochana.

It contains allegations concerning the current standoff between the council, his claims of corruption and systemic corruption and other incidents from around the time of the Morris Tribunal.

This follows on from the granting of an injunction against him in the High Court last Thursday to prevent him attending council meetings this month. It is due to expire next Sunday.

The council had sought various orders to enforce the suspension, which was voted on last month by elected members.

It arose out of the allegedly disorderly way Cllr McBrearty Jnr had conducted himself at the council’s meetings.

The councillor has written to the Garda Commissioner, Drew Harris, outlining what he claims are actions taken against him by Donegal County Council, some of its officials and several of its councillors that he feels should be investigated.

The letter to Commissioner Harris also contains information relating to the death of Richie Barron in 1996.

Cllr McBrearty Jnr was arrested and subsequently cleared of any involvement in Mr Barron’s death. Gardaí now accept that the cattle dealer’s death was a result of a hit and run.

Some of the information the councillor has referred to in the letter was heard in closed session under the Privileged Document Protocol of the Morris Tribunal which was set up to examine alleged garda corruption in Donegal.

One claim, which is already in the public domain, surrounds an allegation that the gardaí failed to pass on to the PSNI details of a planned €10,000 ‘hit’ on Cllr McBrearty to be carried out by a former member of the Provisional IRA living in the Strabane area in 1997.

In his statement this week, Cllr McBrearty Jnr alleged that the decision in the High Court last Thursday had set "a very dangerous precedent" which he claims now threatens democracy, challenges to the local authority or independent candidates raising issues of concern.

“The High Court on Thursday set a very dangerous precedent that now threatens the democracy our forefathers died for. Anyone that now challenges the status quo will be brought before the High Court and silenced, especially if you mention systemic corruption or corruption in the local or national government,” he claims.

“Anyone considering going into politics as an independent voice will be discouraged in doing so as it can be very expensive to defend yourself against the might of the State, who can use taxpayer's money to silence you."

He says other politicians that want to expose corruption will be very cautious to do so now, especially when they take action that the council took against him, he claims.
"I am the first public representative in Irish history to have an injunction granted against me by the courts preventing me from doing the job that I was elected to do.”

Cllr McBrearty Jnr also outlines what he claims was the unfairness of the proceedings.

“The court should have given me time to put in a defending affidavit and put my legal team together to defend me properly. Not for the first time I was denied due process and natural justice by the State and its agents.

“The judge should have given me this time because DCC only gave me one day's notice to be in the High Court with a defending affidavit, which was impossible and was acknowledged by the court.

"If the court wasn't going to allow me this, then the question is why didn't the court just grant them their injunction ex-parte, the one that they applied for on the Monday previous.

“I had a good case to make but I was obliged to make it on affidavit and I did not have time for that without an adjournment.

“If there was no further meeting scheduled before my suspension expired, the case would be moot and the court would not be entitled to grant an injunction.

“It is now too late to put in an affidavit and the option to defend the case at a full hearing has gone due to the judge not adjourning to allow me to enter my defence. My option to defend the case at a full hearing was denied by the court.”

The Raphoe-based independent also points out that the council's standing order, Rule 13 (1) calls for the vote to take place in the council chamber without discussion.

"Accordingly, I was deprived of the opportunity to defend myself in the council meetings. This makes the rule unconstitutional and I could have argued that point in the court last Thursday.

"The reduction of my income for a month is the same as a fine or penalty and only the courts can impose fines or penalties as this is the administration of justice. The rules are rubbish and I could have made this case to the court also."

He revealed this was by no means the end of the road.

"My legal team is now considering all the options open to me and due to this, I will be making no further comment on the issue. When my invalid suspension is over at midnight on Sunday next, February 27, I will continue to ask legitimate questions about systemic corruption and corruption in Irish Local Government.

"I should be given full and truthful answers to those questions that are not forthcoming from DCC to date," he says.