The Special Criminal Court yesterday ruled that Mr Paul Ward, the man accused of murdering journalist Veronica Guerin, was legally arrested, detained and interrogated by gardai investigating the murder.
The court rejected submissions by Mr Ward's lawyers challenging the arrest, detention and subsequent interrogation at Lucan Garda station in October 1996. The three judges also rejected Mr Ward's allegations that he had been assaulted by gardai and had been deprived of medication, physeptone, needed for his heroin addiction.
Mr Ward (34), a native of Crumlin, Dublin with an address at Walkinstown Road, Dublin, has pleaded not guilty to the murder of journalist Veronica Guerin (36), a mother of one, at the Naas Road, Clondalkin, Co Dublin on June 26th, 1996.
The prosecution has claimed Mr Ward was a member of the gang that planned and carried out the killing and that he disposed of the murder weapon and the motorcycle afterwards.
Mr Justice Robert Barr, said Inspector Insp Padraig Kennedy on October 16th, 1996, the third related to alleged failure of the gardai to give Ward his appropriate medication, and the fourth to an allegation of "substantial physical abuse" of Mr Ward during interrogation.
The fifth ground related to visits by his girlfriend, Ms Vanessa Meehan, and his mother, Mrs Elizabeth Ward, while he was in custody at Lucan and while they were also both in Garda custody. The defence submitted that soon after these visits, Mr Ward made verbal admissions which the defence submitted should be excluded from evidence.
Mr Justice Barr said the court rejected Mr Ward's explanation for his presence at the Green Isle Hotel on the night of October 7/8th, 1996 and the account he gave of his arrest there.
It also rejected his allegation that one of the uniformed gardai was armed and had produced a gun, and accepted the evidence of Det Garda Bernard Sheeran that he was the only armed officer and that he arrested Mr Ward in connection with an armed robbery on the Naas Road in October, 1996. The judge said there was nothing to suggest Det Garda Sheeran and other gardai "are part of a conspiracy to deceive the court as to the true nature of the arrest made by Garda Sheeran".
He said that in the light of the court's finding in relation to the first ground, the second ground raised by the defence did not arise. In relation to the third ground, the alleged failure of the i Garda to give Mr Ward his medication, the judge said that in the course of his detention Mr Ward was interrogated by a total of 12 gardai, all experienced police officers, who testified that he was fit for interview at all times.
Dealing with the fourth ground, the alleged assault during interrogation, the judge said Mr Ward alleged he had been assaulted by Det Sgt Cornelius Condon and Det Garda Maher. "The court rejects the accused's account of the alleged assault."
The judge said the fifth ground, relating to the visits to Mr Ward by his girlfriend and mother, had arisen in the course of the voir dire (oral evidence) and the defence had submitted the court must exclude evidence of alleged admissions obtained after the visits.
Mr Justice Barr said the court had taken into account that the issue was not raised before the hearing of evidence on the issue and was fully presented by the defence only in the closing address.
The court also took into account that Ms Meehan was not called in evidence and that Mrs Ward did not make any allegations indicating "wrongful motivation" by the police regarding her visit to the accused.
The judge said Mr Ward's legal advisers had been aware for many months of the meetings in question and if it had emerged there was any evidence suggesting improper behaviour it would have become an important plank in the accused's defence.
"In the light of the foregoing assessment, is there a reasonable possibility that the visits of Ms Meehan and Mrs Ward to the accused, or either visit, were orchestrated by the police as a stratagem to oppress the accused and cause him to take a course of action favourable to the prosecution case against him? That is the essence of the issue.
"The court is satisfied beyond all reasonable doubt that no such possibility exists."
The trial continues on Tuesday.