The Det Garda Jerry McCabe murder trial ended dramatically yesterday when the accused men changed their pleas at the Special Criminal Court, Dublin.
The four men accused of the capital murder of Det Garda McCabe pleaded guilty to his manslaughter after they were re-arraigned at the request of prosecuting counsel Mr Edward Comyn SC.
Pearse McCauley, of Strabane, Kevin Walsh, Michael O'Neill and Jeremiah Sheehy, all from Co Limerick were re-arraigned. They had been charged with the capital murder of Det Garda McCabe in Adare, Co Limerick, on June 7th, 1996. All four pleaded not guilty to the capital murder charge but guilty to manslaughter.
A fifth man, John Quinn, from Co Limerick, pleaded guilty to conspiracy to commit a robbery in Adare between June 5th and June 8th, 1996.
The four men who pleaded guilty to manslaughter also pleaded guilty to new charges of maliciously wounding Det Garda Ben O'Sullivan and having firearms with intent to commit a robbery in Adare on June 7th, 1996.
Mr Comyn said the pleas were acceptable to the Director of Public Prosecutions and he entered a nolle prosequi on outstanding charges against the men, including IRA membership, firearms and ammunition possession and conspiracy. This means that the charges are not being proceeded with. All five men were remanded in custody for sentencing today. Mr Comyn said he needed time for the preparation of certain evidence and reports before sentencing.
The court was adjourned on Tuesday after Ms Eilis McDermott QC, defending, said there had been a "a certain development".
When the case resumed yesterday ) at 11.10 a.m. the courtroom was packed with dozens of detectives from Limerick who were closely involved in the murder investigation.
The five accused sat in the dock as Mr Comyn asked for a half-hour adjournment to allow two new charges to be brought against the men.
The court resumed at 11.50 a.m. and Det Insp John Kerin, the officer who led the murder investigation, gave evidence of charging the four men accused of capital murder with the new charges.
Counsel then asked for the defendants to be re-arraigned and each in turn stood up and said: "Not guilty to murder, guilty to manslaughter" when the capital murder charge was put to them.
It was the 15th 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.
The capital murder charge carried a mandatory sentence of 40 years' imprisonment on conviction.
The court was told that Det Garda McCabe died in a hail of 15 bullets fired from a single Kalashnikov assault rifle after a gang of raiders rammed an unmarked Garda car escorting a post office van delivering £80,000 to post offices in the Limerick area.
The four men who yesterday pleaded guilty to manslaughter are McCauley (34), from Strabane, Co Tyrone, with no fixed address, and three Co Limerick men, Sheehy (36), of Abbey Park, Rathkeale, O'Neill (46), of Lisheen Park, Patrickswell, and Walsh (42), also of Lisheen Park, Patrickswell.
When the trial began on January 11th, O'Neill, Sheehy, McCauley and Walsh had pleaded not guilty to the capital murder of Det Garda McCabe and to the attempted murder of his colleague, Det Garda O'Sullivan.
Quinn (31), of Faha, Patrickswell, Co Limerick, had denied conspiring with others between June 5th and 8th, 1996, to commit a robbery at Adare.