A defence lawyer for Mr Paul Ward, the man accused of murdering journalist Veronica Guerin, claimed at the Special Criminal Court yesterday that proposed evidence from an Assistant Garda Commissioner would be "highly prejudicial".
Mr Patrick MacEntee SC objected to the proposed evidence from Assistant Commissioner Tony Hickey and said it was "not relevant" to the case. Mr Hickey is in overall charge of the investigation into the Guerin murder. Mr MacEntee said that the notice of his proposed evidence which had been given to the defence appeared to be "some form of preemptive rebuttal".
Mr Paul "Hippo" Ward (34), with an address at Walkinstown Road, Dublin, has pleaded not guilty to the murder Ms Guerin (36) at the Naas Road, Clondalkin, Co Dublin, on June 26th, 1996. The prosecution has claimed that Mr Ward was a member of the gang that planned and carried out the killing and he disposed of the murder weapon and the motorcycle afterwards.
Mr Peter Charleton SC, prosecuting, said Mr Hickey would give evidence on the nature of any agreement made with Mr Charles Bowden, who is under the Witness Protection Programme and who is due to give State's evidence this week. Mr Charleton said the evidence had been requested by the defence and would be helpful to the defence in the cross-examination of Mr Hickey. He said the proposed evidence related to the Witness Protection Programme in general terms and he did not propose to question the witness about Mr Bowden.
But Mr MacEntee objected to the proposed evidence of Mr Hickey and said the defence had asked for the disclosure of any material relating to any agreement made with Mr Bowden and that was a different thing from asking for a witness to be called. He said the defence is entitled to have disclosure of evidence that is relevant but that is not necessarily the same as evidence that is admissible. Mr MacEntee said it appeared to be an attempt to introduce evidence of something that it is anticipated the defence will be questioning Mr Bowden about.
Mr Justice Barr, presiding, said there appeared to be a misunderstanding. The court agreed there was no need to call the Assistant Commissioner if Mr MacEntee did not require him at this stage. The judge also told Mr MacEntee that the three members of the court would not read a statement of the proposed evidence from Mr Hickey.
Earlier, Det Garda Paul Gilton said that he and Det Garda Tony Ryan and Det Garda Mary Murphy had accompanied the accused's mother, Mrs Elizabeth Ward (74), from Cabra Garda station where she was being held under the Offences Against the State Act to Lucan Garda station, where her son was being held on October 18th, 1996. Det Garda Gilton said they left Cabra in an unmarked Garda car at 2.10 p.m. and arrived at Lucan at 2.25 p.m. He said he was driving the car and the blue light and siren were used on occasion.
Cross-examined by Mr Barry White SC, for Mr Ward, Det Garda Gilton said that he had been driving at speeds from 5 m.p.h. to 50 or 60 m.p.h. "There were four people in the car. I proceeded with caution as Mrs Ward was an elderly lady. Mrs Ward made no complaint to me." He denied that Mrs Ward had asked him to slow down and had complained that they were driving too fast.
The court was told at an earlier stage of the trial that Mrs Ward had complained to the Garda Complaints Board about her treatment on the journey. The defence has challenged admissions allegedly made by Mr Ward after he was visited in custody by his girlfriend, Ms Vanessa Meehan, and his mother.
The trial continues today.