THE addresses of witnesses should not be revealed through the book of evidence in criminal cases, Judge Cyril Kelly said at Dublin Circuit Criminal Court.
The addresses for all civilian witnesses should be given in future in the books of evidence which are served on defendants as care of the Garda station dealing with each case, Judge Kelly said.
The judge had been told of two women who are afraid to give evidence in the case of a man charged with robbery. The defendant was given bail in error last June after being held in custody on the charge for some time.
Judge Kelly refused to order gardai to release the names and addresses of the two women for the defendant's solicitor to arrange an interview with them in his office. He noted the women were present in a shop when the owner was allegedly threatened by a robber with a knife.
Det Garda John Baxter told Mr Adrian Mannering, prosecuting, that the man's trial had originally been due to start in October. A few days prior to the trial date the defendant's 10 or 11 year old son walked into the shop, put his hands on his hips and said to the Women: "You know who I am?
I'm a [the family surname]". He then walked out.
There was also a break in at the shop shortly after the defendant got bail by mistake last June. The intruder got into the attic and daubed a letter on the wall when he could not gain entry to the shop below.
Det Garda Baxter said the letter was the same as the initial of the defendant's surname. The shopkeeper took this as a threat.
Det Garda Baxter said the two women were so terrified they refused to make statements about the alleged robbery.
In reply to Mr Oliver Hughes, defending, Det Garda Baxter agreed the defendant had been recaptured when he returned from England after the bail mistake.
Mr Hughes submitted the women might have material evidence to give and the defence solicitor wanted to interview them in his office.
Judge Kelly said he was satisfied after hearing evidence that he should refuse the defence application. He said the defendant's solicitor could send letters requesting an interview and marked for "A" and "B" to the gardai for transmission to the women.