A 31-year-old Dublin man accused of murder today walked free after his trial collapsed in dramatic fashion.
Gary Bryan, from Brookville Crescent in Tallaght, had pleaded not guilty to the murder of Paul Warren in a pub in Dublin's south inner city two years ago.
At the Central Criminal Court, his ex-girlfriend Valerie White took the stand to say that she couldn't remember the events of the night in question because she was strung out on cocaine, and that she had only told the Gardai what they wanted to hear in her statement.
The collapse of the evidence from Ms White, the state's key witness, led its senior counsel Paul Coffey to enter a 'nolle prosequi' (not proceeding with the prosecution) and Judge Paul Carney discharged the jury of six men and six women.
A nolle prosequi gives the Director of Public Prosecutions the option of pursuing a second prosecution against Bryan, but such instances are extremely rare. The withdrawal of witness statements has led to the collapse of several murder trials, most notably one involving Limerick criminal Liam Keane three years ago.
Justice Minister Michael McDowell has included a provision in the Criminal Justice Bill which will allow witness statements to be used as evidence in court even if they are subsequently withdrawn.
Earlier, the Central Criminal Court heard that Warren (24) was drinking and playing pool in Grey's pub in Newmarket Square on February 25 2004 when two gunmen entered wearing balaclavas and carrying handguns.
Mr Coffey, representing the prosecution, said the taller of the gunman stood at the door, while the other gunman ran after Warren.
He followed him into the pub toilet and fired three shots, missing with the first bullet, but hitting Warren in the back with the second and firing into his right cheek at close range with the third, he said.
"The prosecution case is that the second gunman who fired all three shots and the second shot that killed Paul Warren is the accused, Gary Bryan," said Mr Coffey.