A GARDA superintendent denied that a publican charged with murdering his wife and a toddler was arrested under Section 30 of the Offences Against the State Act because it offered the best option of "getting a confession out of him".
Supt Tony Sourke agreed with Mr Barry White SC, defending, that the gardai had had the option of arresting Mr Francis McCann under Section 4 of the Criminal Justice Act, which allows a maximum 12 hours' detention, instead of Section 30, which provides for a maximum detention period of 48 hours.
He said Section 30 was the appropriate arrest power because he believed an explosion had caused the fire at Mr McCann's home which resulted in the deaths of the accused's wife, Esther, and a baby girl, Jessica.
Mr McCann (36) has denied the murders of Esther (36) and Jessica (18 months) at the family home at Butterfield Avenue, Rathfarnham, Dublin on September 4th, 1992.
The jury has heard that Jessica was a blood relative of the accused but not a child of his marriage to Esther. The prosecution has claimed that Mr McCann arranged the fatal fire because he did not want to tell his wife why the Adoption Board had refused the couple's application to adopt Jessica.
In court yesterday, Supt Sourke told Mr Kenneth Mills SC, prosecuting, that the Adoption Board had volunteered certain information which did suggest Mr McCann had a motive. Despite vigorous investigation, no other suspect emerged.
The trial at the Central Criminal Court continues today before Mr Justice Carney and a jury.