The lives of Garda informants interviewed during the investigation into the killing of Det Garda Jerry McCabe would be put at risk if their identities were disclosed, the Special Criminal Court heard yesterday.
The court was told that Chief Supt Michael Fitzgerald had sworn an affidavit in which he said four statements should not be disclosed to the defence. He said the statements were not relevant to the defence of five men facing charges connected with Det Garda McCabe's killing, but there was a serious risk of injury if their identities were disclosed.
The court's three judges read the four statements, and Mr Justice Johnson, presiding, said the court would keep the documents under review during the trial, due to start next month.
Four men are charged with the capital murder of Det Garda McCabe at Adare, Co Limerick, on June 7th, 1996, which carries on conviction a mandatory sentence of 40 years' imprisonment without remission. They are also charged with the attempted murder of Det Garda Ben O'Sullivan on the same date.
They are Mr Pearse McCauley (34), from Strabane, Co Tyrone, of 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, Patrickswell.
The court refused an application for a separate trial for Mr John Quinn (30), of Faha, Patrickswell, Co Limerick, who is charged with conspiracy to rob and unlawful possession of ammunition in Co Limerick on June 6th, 1996.
Ms Eilis McDermott QC, for Mr Quinn, submitted there was a risk of prejudice and of an appearance of prejudice if he was tried with people charged with the murder. He was remanded on continuing bail, and the four others in custody until January 11th.