The McBrearty Tapes

by via ireland.com Thu Jul 21, 2005 20:24

 McBrearty pair and Minister in angry exchange
Michael O'Regan

Minister for Justice Michael McDowell warned the McBreartys that he would not be blackmailed and bullied by them during heated exchanges in Donegal yesterday.

A visibly angry Mr McDowell denied he was lying and urged Frank McBrearty snr and his son, Frank jnr, to co-operate with the Morris tribunal.

The exchanges took place during a session of the MacGill Summer School addressed by Mr McDowell.

The Morris tribunal has found that gardaí attempted to frame two members of the McBrearty family for the murder of cattle dealer Richie Barron in October 1996 when in fact he had been the victim of a hit-and-run.

Yesterday, after handing a document with 29 questions to the Minister, the McBreartys sat in the front row and questioned him on the Donegal Garda scandal during the question-and-answer session after his address.

Mr McDowell said, in response to continual heckling from the McBreartys, "would you let me finish? I am now beginning to see part of the problem of this".

Mr McBrearty snr said the Minister was the problem, and accused him of of lying as the exchanges continued.

"I am not lying to you," Mr McDowell replied. "I have not told one lie." Mr McBrearty snr responded: "You prove to me that you have not." The Minister said the McBreartys and their lawyers would get paid on condition that they co-operated with the tribunal. As the exchanges continued, Mr McDowell said: "I will not be blackmailed out of that position . . . I will not be bullied by you in these circumstances."

Mr McBrearty jnr, who did not have access to a microphone, then made a reference to a well-known barrister. The Minister said: "I uphold people's rights. I don't do what you have just done, assassinating the character of a senior barrister who I know very well to be an honest man. You are making reckless allegations."

Mr McBrearty jnr accused the Minister of misleading the Irish public over costs. "Minister, in August of this year, a member of the Garda force who fabricated a statement against me is being allowed to retire. I am asking you why four members in the serious crime squad in Dublin have not been suspended." He added that he would get justice at the European Court of Human rights because he was not getting justice in this country.

Mr McDowell said he had full confidence in the tribunal and that it would call every relevant witness. He had absolute and total confidence in its integrity and determination to get to the bottom of every issue of relevance to the case. "No way," responded Mr McBrearty jnr.

The Minister repeated his confidence in the tribunal.

Mr McDowell said he would apologise formally to the family and others when all the facts were known. "The wrong that was done to the McBrearty family was outrageous, indefensible, scandalous, wholly unlawful," he added. When Mr McBrearty said the Minister already knew the full facts, Mr McDowell replied he did not.

Mr McBrearty jnr asked the Minister to meet them privately, saying justice delayed was justice denied. "If you are not prepared to do it, I will ask the questions outside," he said.

Mr McDowell said he had no problem meeting the McBreartys in private. "Let the record show that I did meet your father in private and let the record show that I did meet your father in private for a good hour in my office a number of years ago."

Mr McBrearty jnr said Mr McDowell had seen on video what had been done to him in Letterkenny Garda station and had heard the allegations his family had made against certain members of An Garda.

"It is about what they have done to my family, the way they interrogated us knowing that we were innocent people, plus the fact that we had photographs of Richie Barron's dead body shoved into our faces."

Mr McBrearty snr said to Mr McDowell: "You are looking at the man here who brought this corruption out into the open." Mr McDowell said he accepted that.

The Minister said the Morris tribunal was there to bring justice, that it had been exemplary in looking after the interests of the McBrearty family. "If the Morris tribunal calls me before it, I will go there and testify," he added.

Mr McDowell said he had wanted to meet the McBreartys' lawyers to find out why father and son would not appear again at the tribunal. There were costs available to them, to be paid promptly if they participated, he said.

The session was chaired by the school's director, Joe Mullholland, who said he felt they had been more than fair to the McBreartys. As the Minister left the ballroom of the Highlands Hotel, where the exchanges took place, Mr McBrearty snr said to him he should resign.

Mr McBrearty jnr said: "You cannot run any more Minister."

In a statement last night Mr McDowell condemned "the outrageous attacks" on the integrity of the Morris tribunal and its legal team.

by Damien Moran - Dublin Catholic Worker Fri Jul 22, 2005 00:39 ploughsharesireland at yahoo dot ie

.
Michael McDowell refuted claims in today's Irish Examiner that Irish citizens could be interrogated on Irish soil by CIA agents as a result of an agreement signed at Dublin's US Embassy last week.

Background News:

*EU-USA agreements on extradition and mutual legal assistance held up over "written instruments"
June 2003

http://www.statewatch.org/news/2003/jul/08euus.htm

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*Minister signs Bilateral Instruments with the United States on Mutual Legal Assistance and Extradition

http://www.justice.ie/80256E01003A02CF/vWeb/pcJUSQ6EAFDG-en
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*Ireland, US agree policing co-operation
July 14th

http://www.rte.ie/news/2005/0714/crime.html

Audio/Video reports available below article
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Below is the link to and full text of today's article:

http://www.irishexaminer.com/pport/web/ireland/Full_Story/did-sg46g7Ks0cvBEsg7OWirIStPSk.asp

*Treaty gives CIA powers over Irish citizens
July 21st
By Dan Buckley

US INVESTIGATORS, including CIA agents, will be allowed interrogate Irish citizens on Irish soil in total secrecy, under an agreement signed between Ireland and the US last week.

Suspects will also have to give testimony and allow property to be searched and seized even if what the suspect is accused of is not a crime in Ireland.

Under 'instruments of agreement' signed last week by Justice Minister Michael McDowell, Ireland and the US pledged mutual co-operation in the investigation of criminal activity. It is primarily designed to assist America's so-called 'war on terror' in the wake of the September 11 atrocities.

The deal was condemned yesterday by the Irish Council for Civil Liberties (ICCL) as "an appalling signal of how the rights of Irish citizens are considered by the minister when engaging in international relations". The ICCL said it appeared to go far beyond even what has been agreed between EU countries.

On signing the agreement, the minister said that "the international community must do everything it can to combat terrorism with every means at its disposal.

"Ireland will not be found wanting," he added.

The treaty will give effect to agreements on Mutual Legal Assistance and Extradition signed by the EU and the US in June 2003. These are aimed at building on mutual assistance and extradition arrangements.

Although the Department of Justice insists that the arrangement merely updates existing agreements, it goes much further. The US may ask Irish authorities:

To track down people in Ireland.

Transfer prisoners in Irish custody to the US.

Carry out searches and seize evidence on behalf of the US Government.

It also allows US authorities access to an Irish suspect's confidential bank information. The Irish authorities must keep all these activities secret if asked to do so by the US.

The person who will request co-operation is US Attorney General Alberto Gonzales, the man who, as White House counsel, instigated the notorious 'torture memo' to US President George W Bush which advised how far CIA agents could go in torturing prisoners. The person to whom the request is sent is the Minister for Justice.

About 20,000 immigrants, who have not been charged with any crime, are currently in prison in the US. In two recent US Supreme Court cases, the US Government argued that US citizens could be imprisoned indefinitely without charge if the president designated them as "enemy combatants".

ICCL director Aisling Reidy said: "An extraordinary aspect to this treaty is, despite its scope and its potential to violate basic constitutional and human rights, that all this happened without debate or transparency.

"To agree to give such powers to a government which has allowed detention of its own citizens without access to a lawyer for over a year, which has legitimised Guantanamo Bay and the interrogation techniques there, without public debate, is an appalling signal of how highly or not
the rights of Irish citizens are considered by the minister when engaging in international relations."

The Department of Justice said it was wrong to say the treaty happened without debate, as the agreements update and supplement existing arrangements, and the EU-US agreement has been scrutinised by the Oireachtas four times since December 2002.

A spokesperson also rejected that the measures go beyond what was agreed between EU countries.

Legislation will be required to give effect to some elements of the Mutual Legal Assistance Instrument. The necessary provisions will be contained in the Criminal Justice (Mutual Assistance) Bill which Mr McDowell expects to publish shortly.


Responses:

McDowell says Irish Examiner claims are false

See Audio/Video reports available below article
http://www.rte.ie/news/2005/0721/crime.html
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IHRC to examine US-Irish deal on crime
July 21st

http://www.rte.ie/news/2005/0721/crime.html
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As Mike Cunningham, a former director of Statoil Exploration (Ireland), commented on successive Irish government's selling-out natural resources to corporations, “No other country in the world has given such favourable terms as Ireland.”

Going by this agreement Bertie, Brian, Willie, and Michael certainly have their eyes set on the US 'War On Terror' Gold Medal.

********************************************
Latest:

McDowell plays down US powers in new treaty

http://breakingnews.iol.ie/news/story.asp?j=150236094&p=y5xz368xx

Michael's Extraordinarily happy about his new buddies

by factchecker Fri Jul 22, 2005 00:47

about what?

by factchecker Fri Jul 22, 2005 00:58

For my part, I have no problem with self-questioning. On the contrary, the absence of self-questioning in any political culture would constitute some form of necrosis. Nor have I any problem with a healthy leavening of self-doubt. If everyone is a cheer-leader for the status quo, an apparently healthy society may be teetering on the edge of terminal decline.

Self-questioning and self-doubt are necessary actors on the social stage.

But I do have a problem with "self-loathing" masquerading as moral superiority. And I also have a problem with intellectual self-indulgence posing as serious social commentary. I have a problem too with the internal anger of those who suffer from middle-class self-loathing being directed against everyone who questions the moral orthodoxy of the politically correct self-appointed lay hierarchy who direct modern Ireland's Moral Inquisition. 

Left & Right

Let me exemplify.  There is a strong element of an Orwellian "Left Good, Right Bad" theme to much of what we read and hear in some quarters of the media. 

This is hardly surprising - since what is "Left" is heavily sanitised and what is "Right" is heavily caricatured to fit that mind-set. Those opposed to the "Left agenda" are, by definition, "Right". The "Left" is never reactionary; the "Right" always is. Holding onto "Left" positions is never "conservative"; challenging them always is.

by factchecker Fri Jul 22, 2005 01:09

http://www.justice.ie/80256E01003A21A5/vWeb/pcJUSQ6DBHUP-en

Playback/Search The recorder should allow duplex operation. The system
shall be capable of search and playback of recorded images
while maintaining full recording of cameras.
Controls Record, Play, Fast/Slow Forward and Rewind, Pause.
Search Facilities By Time/Date and camera number of both internal buffer
storage and archived recordings.
Archive The archival system and procedures should provide storage
of all images recorded by the system for a period of 31 days
and for destruction of images older than the specified
number of days unless required for crime investigation and
evidential purposes by An Garda Síochána.
Media/Format The archival media, format and image capacity should be
described and details provided.
Authentication, Encryption and compression systems should
be described and details provided.
Facilities required for viewing archival media, without access
to the Monitoring Site equipment and facilities, should be
described.

by factchecker Fri Jul 22, 2005 01:34

"This is a schematic of an installation built according to the basic configuration and expanded by SAT tuners and surveillance capability. Each TV-SAT outlet in the house will allow the user to tune a TV set to any terrestrial TV program, to one SAT program from Polsat 2C provider, and one SAT program from Cyfra+ provider. In every room of the house the user will also have the option to preview the monitoring of the premises from surveillance camera(s) installed. The SAT TV programs can be changed from any room provided that the remote-control extensions have been installed. In the diagram the installation utilizes Power Link extension. An antenna and a diplexer are installed on the roof, an amplifier, a multiplexer, SAT tuner, and a TV combiner in the attic. It is possible to install the tuner in one of the rooms, but the design should provide an extra cable connecting the tuner with the TV combiner in the attic. Further expansion of this system is possible; additional SAT tuner or monitoring equipment (more cameras) may be added later. For digital SAT tuners owners we recommend to view this page for more information."

BACKGROUND

Michael McDowell Is Quickly Trying To Consolidate A Shitload Of Power

by eeekkkkk Sat Jul 23, 2005 11:08

"One key demand, said Mr McBrearty, will be that the new Garda Ombudsman should have the same powers as the one in the North.
Mr McBrearty, who confronted Justice Minister Michael McDowell at the McGill Summer School in the Glenties earlier this week, said: “I’ve been getting calls on a daily basis from people across Ireland who are the victims of corruption. We are going to meet today to decide a plan of action but we will organise a date for a public meeting at the end of August. After that we will organise a public rally in Dublin.”

Up to 50 people are expected to gather in the nightclub in Raphoe. A number of those who will attend the meeting have relatives who died in car crashes which, it is claimed, were not properly investigated."

by eeekkkkk Sat Jul 23, 2005 11:29

ADVERTISEMENT

A SUSPENDED Donegal garda asked the High Court yesterday for an order forcing the Garda Commissioner to appoint outside investigators to probe the theft from her home of tapes which she says are relevant to the work of the Morris Tribunal.

The application of Garda Tina Fowley is being opposed by the Garda Commissioner, who submitted that the members of Donegal Garda Division investigating the burglary are impartial, fair-minded and independent.

Mr Justice Frank Clarke said he would give his judgment next Wednesday.

In an affidavit, Garda Fowley said that she had been a witness before the Morris Tribunal and had given evidence regarding "certain acts, including serious misconducts, on the part of certain senior members of the Donegal Division".

In particular, she had informed the tribunal that Supt John McGinley was involved in forging the signature of Frank McBrearty jnr. Her evidence had manifestly put her in a situation of clear conflict of interest with senior gardai in Donegal, she said.

Subsequent to her becoming involved with the tribunal, she had been suspended from the force and had instituted legal proceedings in relation to her suspension.

She said that on January 10, 2005, her home in Letterkenny was burgled and tapes of relevance to the tribunal were stolen. Nothing else, apart from two clocks, a DVD player, two discs, a torch, a playstation and a small amount of cash was stolen. A TV, jewellery, a laptop computer and other property of significant value were left untouched. She reported the matter to the gardai and was anxious that the offence be investigated. On February 3 last, her solicitors wrote to the Garda Commissioner informing him that, in light of the background to the offence, it was totally inappropriate that it be investigated by Donegal Division as a clear conflict of interest existed between her and senior gardai there.

by R. Isible Sun Jul 24, 2005 01:51

Isn't it necessary for the public to see how the criminals in blue carry on? On what grounds is this material not available?

by mr. pedantic Sun Jul 24, 2005 09:50

Just to clarify matters of course.

It would be interesting to know if these criminals - sorry suspected criminals, they've not been convicted yet - are still serving in the force and if criminal proceedings are in progress or being prepared against them.

Until that happens the citizenry of the state have every reason to withhold co-operation from such a corrupt law enforcement agency.

Many thanks to the McBreartys for the services that they have rendered to us all in exposing this foulness.

by Store Street Al Mon Jul 25, 2005 17:46

In case anyone thinks that the 'Al' that has being posting for the past month or so is me, he/she isnt. I have been away and havent posted in roughly that time frame.

Imposter,
Why would you not just use your own name? Or is it a user posting crap under my name purely to stir crap?

As for the topic, I dont know if they are still serving. I would imagine they are not considering what has come to light. but while such activities damage the credibility of the Gardai I urge people to remember that there are bad apples in every group just like there will always be people hell bent on causing trouble during peaceful protests, etc. The majority of Gardai are not involved in such activities.
I wont apologise for what happened, I shouldnt have to, it wasnt me, I wasnt there and I knew nothing about it. I have already condemned those involved many many times.
As for the amount of complaints people have about corruption, try to remember that criminals are not honest people. They will tell fibs, they will steal and they will blame everyone but themselves.

by Barry Mon Jul 25, 2005 22:26

I agree with you its a disgrace some shitstirrer has been posting under your name . Its an absolute disgrace when someone writes false statements on your behalf and signs your name to them .
I imagine you have a small inkling now of what Colm Murphy and the McBreartys went through at the hands of An Garda Siochana .

I believe Indymedia should conduct an enquiry into this .

by Store street Al Tue Jul 26, 2005 17:17

Barry, what is it you want from me? What can I do that will satisfy you and stop you throwing other peoples actions in my face? Once again, I wasnt there, I didnt do it and I knew nothing about it. Those involved are a disgrace to the force, those that knew about it and/or helped are a disgrace. They should be punished, what more can I say? Is every American to blame for Iraq? Every protestor a rioter? Every Catholic in the IRA?

by R. Isible Tue Jul 26, 2005 17:29

He's been clear that he condemns these specific instances that have been exposed in extraordinary circumstances.

But there's a deeper problem. There's absolutely no reason to believe that these cases are anything other than the ones that the Gardai couldn't cover up.

It's highly likely that there are smarter, luckier cops and less determined, less intelligent victims and that their cases have never been so comprehensively proven.

Also, as the article published by the WSM earlier on the newswire points out (see link below) the consequences for the Gardai involved in these appalling actions seem to be very light. In fact these criminals in blue, who should be in jail, are wandering the streets with the full approval and backing of An Garda Siochana.

It's like A Clockwork Orange.

by R. Isible Tue Jul 26, 2005 17:34

That there's going to be a public meeting address by one of the McBreartys about this and calling for an independent ombudsman (who'd better have discretionary powers to recommend prosecution of Gardai and their temporary suspension pending investigation otherwise it's just bullshit to appease the public):

by Barry Tue Jul 26, 2005 17:57

Im seriously not having a personal go at you , and have even complimented you in the past on your willingness to engage in debate and attempt to see things even briefly from another point of view . I believe you to be an honest man and that there are many other honest men and women within the gardai .

However Im utterly convinced that the system within the 26 co state itself is fundamentally corrupt , indeed that the state itself is so . Thats why Im pointing these things out . Almost 90 years on from the states foundation just look at the mess its in . The wealth of the nation has been literally given away by a criminal called Ray Burke yet the only people behind bars are honest , hard working Mayo farmers . That is a corrupt , fundamentally flawed political and legal system if ever there was . Thats how it works when push comes to shove .

Just as it worked for years against the McBreartys , against Colm Murphy , the Dublin Monaghan families , our neutrality at Shannon and God knows how many other times . The state is not acting in the interests of its citizens , cannot serve the interests of its citizens and basically because it wasnt created to do such a thing in the first place never will . I believe that this is a recipe for utter social chaos and disaster . Things cannot continue like this indefinitely . The day will come when the states citizens despise it and all its organs .

I dont for a minute expect you to agree with this analysis but looking round today I believe you can see that many are resigned to the fact its rotten to the core .

I dont expect yourself to take responsibility for the actions of corrupt guards , politicians and judges , you didnt create the system . But as your job ( a potentially dangerous job at that) is ultimately to protect the state itd be interesting to hear your views on how it could better serve its citizens and begin looking after their interests .

by john o neill - none Mon Oct 30, 2006 01:27 mrjoneill at eircom dot net

It angers me that all those involved have not being dismissed from the Garda force. The Gardai are given special powers by the state, and not only must they be white but they must also be seen to be cleaner than white.

I believe the fact that so many of those involved in Donegal which have being criticised by the Tribunals are still in the force shows we live in a banana republic.

I also believe McDowall is a coward and mouth almighty, but when it comes to action it never comes. I say shame on you McDowall, Garda Authorities, and Government for not being more proactive in seeing justice done.

Fair play to Justice Morris I have read your reports a by are they thorough, especially with all the lies and perjury that has gone on. No one in the Donegal force seemed to be able to tell the truth.

by idespair Mon Oct 30, 2006 18:13

Far from looking into the operation of the Garda or bringing in proper oversight or an ombudsman or making an example of the blackGARDS that have been outed by Justice Morris,

Mc Do ill intends to remove some of the checks and balances that protect innocent people who find themselves in the custody of these corrupt Gardai. GOD HELP IRELAND!