A lawyer told the Special Criminal Court yesterday it would not be in the public interest to allow defence lawyers to see 32 sensitive documents relating to the investigation of the murder of Det Garda Jerry McCabe.
The court adjourned until April 28th the case of four men, including the Brixton jail escaper Pearse McCauley, facing charges connected with Det Garda McCabe's murder after hearing from defence lawyers that they had not yet completed inspection of thousands of statements.
Three of the men, including McCauley, are charged with the capital murder of Det Garda McCabe, which on conviction carries a mandatory sentence of 40 years' imprisonment without remission.
They are McCauley (33), a native of Strabane, Co Tyrone, Mr Jeremiah Sheehy (36), of Abbey Park, Rathkeale, Co Limerick and Mr Michael O'Neill (46), of Lisheen Park, Patrickswell, Co Limerick.
They are charged with the capital murder of Det Garda McCabe at Adare, Co Limerick, on June 7th, 1996, and the attempted murder of Det Garda Ben O'Sullivan on the same date. McCauley is also charged with IRA membership.
A fourth man, Mr John Quinn (29), of Faha, Patrickswell, is charged with having ammunition and IRA membership on June 6th, 1996.
Counsel for the State, Mr Edward Comyn SC, told the court yesterday that gardai have already provided defence lawyers with 1,358 statements, including the book of evidence.
He said there were a further 2,358 statements which he contended were 'totally irrelevant' to the defence but which were available for inspection.
Mr Comyn said there were 32 documents for which he was claiming privilege and added: 'The disclosure of these would not be in the public interest.'
Counsel added that Mr Sheehy's solicitor, Mr Garret Sheehan, had indicated that he wanted to see statements made during a Garda investigation into allegations arising from Mr Sheehy's custody. Mr Comyn said these statements would be made available.
Mr Justice Johnson, presiding, adjourned the case to April 28th.