Law to protect witnesses to be brought forward

The Government is to bring forward witness protection legislation following the attempted murder of a Dublin man who witnessed…

The Government is to bring forward witness protection legislation following the attempted murder of a Dublin man who witnessed a killing and was expected to give evidence in the case. Gardai are investigating the theory that Mr Alan Byrne (26) was shot on Tuesday morning by a gunman with IRA links.

Mr Byrne was to give evidence in the Special Criminal Court about the killing of a Dublin heroin addict with HIV, Mr Josey Dwyer, who was beaten to death in May 1996.

Gardai say they believe Mr Dwyer was killed as a result of conspiracy by a group, led by IRA figures in south inner Dublin, to become involved in local anti-drugs activity.

In a statement yesterday Sinn Fein "rejected newspaper reports which attempted to link the shooting to republicans".

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Garda sources insisted there continues to be IRA activity in the south inner city and that the organisation has been involved in violence against alleged drug dealers. Mr Byrne is recovering in hospital after being shot three times as he was on his way to work on Tuesday morning. He was with Mr Dwyer when he was attacked by a mob and kicked to death.

The Garda investigation into Mr Dwyer's death has continued for almost three years and last year the case was transferred from the Circuit Court to the Special Criminal Court. Gardai say witnesses in the case - against nine men - have been intimidated.

Although Mr Byrne is a key witness he was not receiving Garda protection until he was taken to hospital on Tuesday. In the Dail yesterday the Minister for Justice, Mr O'Donoghue, said amending legislation on the intimidation of witnesses will be introduced in the "very, very, very near future".

The legislation is expected to include a provision to make it a statutory offence to intimidate a witness - with punishment of up to 10 years' jail. It will also be an offence to try and discover the whereabouts of a person under the State's witness protection programme.

Mr O'Donoghue was responding to a statement by Fine Gael's justice spokesman, Mr Jim Higgins, who said a "clear message" had gone out from the case of Det Garda Jerry McCabe, where the State withdrew charges of murder against four men after a key witness withdrew his evidence, "that intimidation works, that Intimidation Rules OK and that there would be further repeats of this".

In a statement yesterday, the Sinn Fein TD, Mr Caoimghin O Caolain, said he "condemned out of hand" the shooting of Mr Byrne.

He also rejected newspaper reports which attempted to link the shooting to republicans. He described as "outrageous" a report by Jim Cusack in The Irish Times yesterday which, he said, quoted unnamed Garda sources as saying recent attacks were part of an IRA plot to increase electoral support for Sinn Fein.

The same unnamed sources were quoted as saying republicans had become involved in anti-drugs activity in a high-profile way in the past year, he added.