A Defence lawyer for Mr Paul Ward, the man accused of murdering journalist Veronica Guerin, claimed at the Special Criminal Court yesterday that gardai used visits by his girlfriend and mother to obtain verbal admissions from him.
Mr Patrick MacEntee SC told the court that if the visits were used to "overbear" Mr Ward's will in an attempt to make him talk, when he would otherwise have stayed silent, then his constitutional right to silence had been breached.
The court was told Mr Ward received a 10-minute visit from his girlfriend, Ms Vanessa Meehan, who was herself in Garda custody, on the second night he was in custody at Lucan Garda station after his arrest on October 16th, 1996 and that he made a verbal admission following that visit.
He was visited for 16 minutes by his mother, Mrs Elizabeth Ward, who was also in Garda custody, on the afternoon of October 18th and made another verbal admission.
The court yesterday heard submissions from the prosecution and defence in the "trial within a trial" to decide on certain legal issues raised by the defence team.
The court is expected to give its ruling on the issues today. Mr Ward's lawyers are challenging the legality of his arrest on October 16th, 1996 and are arguing that his constitutional rights were breached because of non-compliance with custody regulations while in Garda custody. The defence has also claimed Mr Ward was deprived of medication prescribed for him by a doctor. Mr Ward (34), from Crumlin, Dublin with an address at Walkinstown Road, Dublin has pleaded not guilty to the murder of Ms Guerin 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 he disposed of the murder weapon and the motorcycle afterwards.
Mr Barry White SC for Mr Ward said Ms Meehan had been brought to visit him at Lucan Garda station at 10.25 p.m. on October 17th. He said his mother, Mrs Ward was brought to visit him at 2.27 p.m. on October 18th. Mr MacEntee said; "There are verbals [admissions] which the prosecution contends followed the enforced visit of Ms Meehan to Mr Ward. All of this is of utter importance because it begs the question that if they had the verbals already what were they up to?"
Replying to the defence submissions prosecuting counsel Mr Peter Charleton SC said the court had the benefit of hearing the mind of the accused when he gave evidence but not once did he say he was upset by the visits or that it had any impact on him.
Mr Justice Barr, presiding, said the prosecution must establish that the arrest and detention of the accused were at all times lawful and that he was given the benefit of lawful procedures.
The judge said one possible explanation was that Ms Meehan had been prevailed upon to ask her boyfriend to co-operate with the gardai.
He said as soon as Mr Ward visits his girlfriend he makes his first admission and after the interview with his mother he makes another admission. "The prosecution must establish that there was good, valid, acceptable reason for bringing these two ladies to see their nearest and dearest," he added. Mr Justice Barr said the court's ruling on the issues would not be given before 2 p.m. today.