The Minister for Justice, Mr O'Donoghue, yesterday repeated that there would be no prison amnesty for those convicted of the killing of Det Garda Jerry McCabe.
The Special Criminal Court will tomorrow deal with the witness, Mr Patrick Harty, who refused to give evidence on January 19th during the trial of the men accused of murdering Det Garda McCabe in June 1996. After refusing to give evidence, Mr Harty was convicted of contempt of court and sentenced to 18 months' imprisonment.
Mr Harty is being held in a special security unit in Arbour Hill Prison, along with witnesses in the Veronica Guerin murder case. His solicitor told the Special Criminal Court yesterday that Mr Harty was under "certain pressure" and was "in fear for his own safety and the safety of others."
Mr Harty was to have given evidence that the accused men, all members of the Munster IRA, had arrived at his home in Toomevara, Co Tipperary, after the murder of Det Garda McCabe on June 7th, 1996 and had asked him to mind weapons. Garda sources say they believe Mr Harty was visited by the Munster IRA, and warned about giving evidence.
No reason was given in the Special Criminal Court yesterday for the decision by the State to withdraw the capital murder charges against four men: Pearse McCauley (34), from Strabane, Co Tyrone; Jeremiah Sheehy (36) of Rathkeale; Michael O'Neill (46) and Kevin Walsh, both from Patrickswell. The four will appear before the Special Criminal Court today for sentencing.
Responding to a question about the case, while he was launching a working party report on childcare at Dublin Castle yesterday, Mr O'Donoghue said he had already gone on the Dail record to say the early-release elements of the Belfast Agreement would not apply to those sentenced in relation to the McCabe case.
In a statement last evening, in response to angry Opposition criticism of the decision by the State to drop the capital murder charges against the accused and accept guilty pleas to the lesser charge of manslaughter, Mr O'Donoghue pointed out that these were matters for the Director of Public Prosecutions.
The Minister said he had "no function in relation to the prosecution of offences, these are matters reserved in law for the Director of Public Prosecutions who is independent of the Minister of the day in the exercise of his functions." He added: "This independence has rightly been recognised by successive Justice Ministers. The Minister therefore quite rightly has no input whatsoever in any decisions that may have been taken by the prosecution team in this case."
Responding to opposition claims that witnesses for the prosecution were subject to IRA threats, Mr O'Donoghue said he did not have "any involvement in deciding who participates in the Witness Protection Programme. Decisions of this nature are a matter for the Garda authorities."
He referred to his statement to the Dail on April 22nd last year when he stated: "The Government has made it clear in its contacts with all groups its view that persons who may be convicted in connection with this murder will not come within the ambit of the (Belfast) Agreement."
There had been repeated representations from senior Sinn Fein members to the Government for the early-release provisions to be extended to the McCabe accused but these were rejected, according to senior sources.