A defence lawyer claimed at the Special Criminal Court yesterday that a State witness, Charles Bowden, was the gunman who shot dead the journalist Veronica Guerin three years ago.
Mr John McCrudden QC said Bowden had diminished his own role in the murder and had shifted the blame to Mr Brian Meehan. He said the evidence that Bowden was the gunman was circumstantial, but the circumstances were compelling.
Mr McCrudden was making the closing defence submission on the 30th day of the trial of Mr Brian Meehan (34), of no fixed abode, and formerly of Clifton Court, Dublin, and Stanaway Road, Crumlin, Dublin, who has pleaded not guilty to the murder of Ms Guerin (36) at Naas Road, Clondalkin, Dublin, on June 26th, 1996.
Mr Meehan also denies 16 other charges alleging that he unlawfully imported cannabis resin into the State on various dates between July 1st, 1994, and October 6th, 1996; that he unlawfully possessed cannabis resin for the purpose of sale or supply on the same dates; and that on or about October 3rd, 1996, at Unit 1B, Greenmount Industrial Estate, Harold's Cross, Dublin, he had cannabis resin for sale or supply.
He has also pleaded not guilty to having a Sten sub-machinegun, a silenced barrel, two magazines, a 9mm Agram machine pistol, five Walther semi-automatic pistols, four magazines and 1,057 rounds of assorted ammunition with intent to endanger life at Oldcourt Road, Tallaght, Dublin, between November 10th, 1995, and October 3rd, 1996.
Mr McCrudden said Charles Bowden had given evidence that Brian Meehan had told him to load the Magnum revolver used in the murder when they met at the lock-up in Harold's Cross the day before the killing. But he said Bowden's evidence was "dishonest and evasive".
"This is the man we say shot Veronica Guerin," he added. Mr McCrudden said Bowden was proficient in the use of firearms.
Counsel said Bowden dealt on a regular basis with "lethal weaponry" including sub-machineguns, machine pistols and handguns. Bowden had by his own limited concession admitted that he handled the gun and bullets that killed Ms Guerin. He said Bowden realised he may have left forensic traces on the gun and knew he was compromised and sought to limit his role in the murder.
"His risk was that somebody would get the punch in first. Somebody would say that he was the man who took the gun home, who used it the next day and who dumped it."
Mr McCrudden said Bowden had picked Mr Meehan because he was associated with Mr A, the gang leader, and because he was "a suitable candidate". "Bowden moved very quickly when he thought the police had information on him to put the hat on the head of Brian Meehan. At that stage he was meeting the Garda agenda," he added.
"That which identifies Charles Bowden as the gunman is very circumstantial, but the circumstances are compelling," he said.
"We say that Bowden has something terrible to hide in respect of that day. You have not heard the full truth from Charles Bowden. You have heard a melange of contradiction, inconsistency and implausibility," he told the three judges. "He tried to reconcile the irreconcilable. It is internally, intrinsically, incredible evidence not capable of belief.
"We say that he was about the butchery of Ms Guerin. The circumstances point to him being the gunman because of his close association with this gun. This gilding of his involvement is artificial and self-serving. It is the very hallmark of an accomplice giving evidence, denying his involvement and pointing the finger at another candidate," he said.
Mr McCrudden said another State witness, Russell Warren, who told the court that he provided the motorcycle used in the murder and that he followed Ms Guerin from Naas courthouse on the day of the killing, had given evidence which put the evidence of the witnesses before "in the shade" in terms of evasiveness.
He said Warren had attempted to portray himself as "an innocent abroad", a person who found himself in the wrong place at the wrong time, ending up on the Naas dual carriageway following a car whose occupant he did not know was going to be shot and murdered.
Defence submissions continue today.