A murder trial that heard allegations of witness intimidation dramatically collapsed at the Central Criminal Court yesterday when the Director of Public Prosecutions entered a nolle prosequi.
It was the third day of the trial of Mr Declan Curran (24), Cardiffsbridge Avenue, Finglas, Dublin, who had pleaded not guilty to the murder of Mr William O'Regan (33), at his home at Old Cabra Road, Dublin, on June 12th, 2003.
The court heard that the deceased was shot in the head after two masked gunmen burst into his flat and fired five shots.
Acceding to the prosecution's application to formally withdraw the murder charge, Mr Justice Paul Butler noted that the key prosecution witness, Ms Christine Mahon, appeared to him to be under "severe pressure".
Discharging the jury, the judge reminded the court that this case involved a brutal slaying and he extended his sympathy to the deceased's family.
On Monday, Ms Mahon withdrew her statements implicating the accused - her former lover - in the murder of Mr O'Regan. She told the jury she was under round-the-clock Garda protection but that she had not requested it. The court also heard that two gunmen entered her flat last April but she denied in evidence that she was "terrified" into retracting her statements.
Over two days in the witness box, Ms Mahon claimed she had lied to gardaí and also that she could not recall crucial details linking the accused to the murder. She was treated as a hostile witness. Ms Mahon denied withdrawing her Garda statements of October 2003 out of fear.
In court yesterday Mr Paul O'Higgins SC said: "It is the intention of the DPP to enter a nolle prosequi." Mr Brendan Grehan SC, defending, opposed the application and said he was seeking a verdict of "not guilty" by direction. He said the accused was entitled to an acquittal as there was no evidence before the jury upon which they could properly convict.
A nolle prosequi leaves the DPP at liberty to re-enter the charge at a later date.