Within hours of Det Garda Jerry McCabe's death, gardai believed an IRA gang based at Patrickswell, Co Limerick, had killed him, the Special Criminal Court was told yesterday.
Det Garda Patrick Kelly said "from the very first hours" the Garda investigation was directed at "an IRA gang based in Patrickswell" and he knew that one defendant, Mr John Quinn, was "a close associate of members of the gang".
He was giving evidence in a "trial within a trial" to decide on the admissibility of statements allegedly made by Mr Quinn in Garda custody. Mr Quinn (30), of Faha, Patrickswell, has denied unlawfully having ammunition at Patrickswell on June 6th, 1996, and to conspiring with others between June 5th and 8th, 1996, to commit a robbery at Adare, Co Limerick.
It was the 10th day of the trial of four men accused of the capital murder of Det Garda McCabe (52), a father of five, during an abortive post office van robbery at Adare on June 7th, 1996. The four are Mr Pearse McCauley (34), of Strabane, Co Tyrone, with no fixed address, and three Co Limerick men, Mr Jeremiah Sheehy (36), of Abbey Park, Rathkeale; Mr Michael O'Neill (46), of Lisheen Park, Patrickswell, and Mr Kevin Walsh (42), also of Lisheen Park.
They have pleaded not guilty to the capital murder of Det Garda McCabe on June 7th, 1996 and trying to murder Det Garda Ben O'Sullivan. They also denied having firearms and ammunition and conspiring to commit a robbery.
Mr Quinn also denies charges connected with the murder and an attempted post office van robbery.
Det Garda Kelly told Ms Eilis McDermott QC, for Mr Quinn, in cross-examination, that he believed Mr Quinn had information about firearms in Adare on June 7th, 1996. He said he was based in Clonmel and he had been telephoned by Det Insp John Kerin on that night and asked to go to Limerick to help to investigate the murder.
Asked where he got information that Mr Quinn might know about the Adare shooting, Det Garda Kelly said i had been investigating the IRA gang based in Patrickswell within hours of the crime.
He said that Det Insp Kerin had information and had passed it on to him. He denied the gardai planned to get Mr Quinn to make incriminating statements but he agreed they had no evidence against Mr Quinn at that stage other than a "suspicion and belief".
He denied that Mr Quinn had been physically ill-treated during the interview at Henry Street station on the night of June 9th. "Neither I nor my colleagues ever touched him. I certainly would not have compromised the most serious investigation I have ever taken part in by touching him," he said.
Sgt Tom O'Brien agreed that the atmosphere during the interview was "serious". He agreed that gardai were investigating the "most serious crime known in criminal law" and he was investigating the death of his colleague and friend, a crime that had united the country in condemnation. But he denied suggestions that gardai had ill-treated Mr Quinn.
He denied that Mr Quinn was injured in any way or that he had seen blood on his face, injuries to his jaw, marks on his neck, bruising to his arms or injuries to the middle fingers of his right hand.
Sgt Dermot Gaffney said he was member-in-charge in Henry Street on that night. He said Mr Quinn's parents and family doctor called to the station. Mr Quinn was examined by the doctor, who requested an ambulance.
The sergeant said Mr Quinn was taken to Limerick Regional Hospital accompanied by three gardai at 11.19 p.m. and he was brought back to Henry Street at 1.09 a.m. the next day. When he checked him at 2 a.m. he was asleep.
The trial continues today.