A detective sergeant yesterday denied that he deliberately gave prejudicial evidence in the trial of seven men accused of membership of the Continuity IRA.
Det Sgt P.J. Walsh, Henry Street, Limerick, had resumed his cross examination in the Special Criminal Court following the court's rejection of an application to discharge itself because of what the defence claimed was prejudicial evidence.
Shortly before the ruling, lawyers for two of the accused, Mr Des Long and Mr Patrick O'Shea withdrew the application. However, Mr Peter Finlay SC, acting for Mr Gerard Brommell, continued with his application, which the court then rejected. When cross-examination resumed today, Mr John Phelan SC, put it to Det Sgt Walsh that he had deliberately given evidence in order "to prejudice my client in a most malevolent way". No, the witness replied.
Referring to the witness's comments in relation to an "important IRA meeting" Mr Phelan accused him of having "stuck that little comment in" to create an improper impression of Mr Long. Counsel then put it to Det Sgt Walsh that Mr Long's activity on the night of the alleged meeting was not consistent with the garda's evidence that that he was engaging in "anti-surveillance".
I felt he was trying to avoid being followed, the witness said. Another witness, Det Garda Tom Dee, said he was put on surveillance duty on Mr Long on December 17th, 2001. He told the court Mr Long "was known to me".
Mr Finlay objected to this evidence, saying the term was open only to an adverse interpretation. Not so, interjected Mr Justice Paul Butler. A garda might know the person through, for example "membership of a political party".
When counsel disagreed, the judge asked was it not the case that the accused complained of Garda harassment because of they were members of a political party, Republican Sinn Féin.
The court has heard that the seven men were arrested when gardaí raided a house in the Shanabooly Road area of Limerick in December 2001.
Prosecuting counsel Mr John Edwards SC, has told the court gardaí found a note in the house which referred to firearms and had other references to a person "wanted for kneecap job". The trial continues on Tuesday.