The McBrearty family in Donegal have confirmed they are to take a case against the State at the European Court of Human Rights.
Mr Frank McBrearty said yesterday he had instructed solicitors, David Walley and Co, to start proceedings. The case arises from his objections to the terms of reference of the recently established tribunal of inquiry into alleged misconduct by Donegal gardaí. Mr McBrearty would not comment further, but confirmed reports of the action in yesterday's Sunday Business Post.
Mr Walley has begun proceedings at the European Court because the tribunal, to be chaired by Mr Justice Morris, will not be examining the State's failure to respond to allegations the McBrearty family made against gardaí since 1996.
The family complained that members of the force falsely accused Mr McBrearty and his cousin, Mr Mark McConnell, in relation to the death of Raphoe cattle dealer Mr Richie Barron in October 1996. The Minister for Justice, Mr O'Donoghue, has refused to include his role as Minister or that of the State in the tribunal's terms of reference.
Confirming those terms in March, Mr O'Donoghue said he could stand over "every single thing" he had done. "It is thanks to my effort that we are now able to proceed with a tribunal."
However, the McBreartys and a number of other families in Donegal have chosen not be legally represented at it. Though they will attend if called to testify, they are taking legal action against Mr O'Donoghue, the Attorney General and the Garda Commissioner.
In the submission to the European Court, Mr Walley states:"Ireland has subjected the applicant to inhuman and/or degrading treatment and/or punishment in violation of Article 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms."
The State, it goes on, "violated the applicant's right to respect for his family life and to his entitlement to vindicate that right".
It has "violated the applicant's right to conduct business free of harassment and oppression from the State and its agents. . . and engaged in excessive and oppressive secrecy and wrongfully refused the applicant access to relevant documents in the possession of the State".
Mr McBrearty said yesterday the case "could take a year or more" to come before the court.
