The Special Criminal Court was today told that an unnamed individual alleged to have criminal connections would have had a "powerful motive to silence Ms Veronica Guerin". The individual cannot be identified for legal reasons.
It was the ninth day of the trial of John Gilligan (48), who has pleaded not guilty to the murder of Sunday Independent crime reporter Veronica Guerin (37), at Naas Road, Clondalkin, Dublin on June 26th 1996. Mr O'Higgins was examining State witness Det. Insp. John O'Mahoney on information he had received from a future witness in the trial, Mr Charles Bowden during a previous trial.
Mr O'Higgins also questioned Mr O'Mahoney, who was a member of the investigation team into Ms Guerin's killing, as to whether the investigation was carried out without "preconceived notions" and in an impartial manner.
Mr O'Mahoney said it was a "very difficult investigation and a most heinous crime" involving "ruthless" people. But he added "I wouldn't like to see anyone charged with a crime they didn't commit".
Mr O'Higgins put it to him, however, that the case had not been dealt with "without fear or favour" as Mr Bowden had admitted importing a minimum of 4 kgs of cocaine and yet had never been prosecuted for that offence.
Mr O'Mahoney said he had "no personal experience of it", but was certain that people might not be prosecuted sometimes for one reason or another. The Det Insp also said he had held "off-the-record conversations" with Mr Bowden after he gave his official statement for "security and intelligence reasons".
Earlier, a witness due to appear at the trial was opposed on the grounds that defence counsel was "taken by surprise".
Mr O'Higgins said he was not aware Mr John Dunne was to be called by the prosecution today. He asked Judge Diarmuid O'Donovan to postpone Mr Dunne's appearance in the witness box saying: "I would have thought 48 hours notice would be reasonable warning in the future."
However, State counsel Mr Peter Charleton said "it can come as no surprise" to Mr O'Higgins that Mr Dunne would be called, as he had indicated in a letter to the defence on November 7th 2000 that prosecution would call witnesses as they saw fit after Christmas.
Mr O'Higgins insisted that it was "not fair" that the state called witnesses as they desired as this case was a detailed one with "trenches and sub-trenches".
Judge O'Donovan ruled that Mr Dunne be called tomorrow and that defence be given 48 hours notice for future key witnesses who need not be named in advance.
He added that the court viewed this as "a right" that the State be allowed call witnesses in the order it sees fit.
There are 150 witnesses remaining to be called in the case. The trial resumes tomorrow.