A consultant at Limerick Regional Hospital told the Special Criminal court yesterday he could find no "life-threatening injuries" on a man accused in connection with the murder of Det Garda Jerry McCabe.
Mr Ronan O'Leary, head of the Accident and Emergency Department, said he examined Mr John Quinn on June 12th, 1996, to determine if he was fit to travel to Dublin, where he was to be charged. Mr O'Leary said Mr Quinn was "passively unco-operative" during the 15- to 20-minute examination and was "voluntarily mute". The consultant said X-rays of Mr Quinn were negative and apart from slight tenderness to the sternum and the upper abdomen he could find no evidence of bruising, swelling or injuries.
Mr O'Leary was giving evidence in a "trial within a trial" to decide on the admissibility of alleged statements made by Mr Quinn to gardai.
It was the 12th day of the trial of four men accused of the capital murder of Det Garda McCabe (52), a father of five, during an abortive post office van robbery at Adare, Co Limerick, on June 7th, 1996. The charge carries a mandatory sentence of 40 years' imprisonment on conviction.
Mr Quinn denies charges connected with the murder and an attempted post office van robbery.
The four men facing capital murder charges are Mr Pearse Mc Cauley (34), from Strabane, Co Tyrone, with no fixed address, and three Co Limerick men, Mr Jeremiah Sheehy (36), of Abbey Park, Rathkeale; Mr Michael O'Neill (46), of Lisheen Park, Patrickswell; and Mr Kevin Walsh (42), also of Lisheen Park, Patrickswell.
Mr O'Neill, Mr Sheehy, Mr Mc Cauley and Mr Walsh pleaded not guilty to the capital murder of Det Garda McCabe in Adare on June 7th, 1996, and to the attempted murder of his colleague, Det Garda Ben O'Sullivan, on the same date. They also denied the possession of firearms with intent to endanger life at Adare on June 7th, 1996, conspiracy to commit a robbery in Adare between June 5th and 8th, 1996, and possession of a quantity of assorted ammunition with intent to endanger life at Adare on June 7th, 1996.
The four also pleaded not guilty to the unlawful possession of two rifles, a handgun and shotgun at Clonolea, Toomevara, Nenagh, Co Tipperary, on June 7th, 1996, and to possession of three shotgun cartridges at Clonolea on the same date.
Mr John Quinn (30), of Faha, Patrickswell, Co Limerick, denied the unlawful possession of ammunition at Patrickswell, Co Limerick, on June 6th, 1996, and to conspiring with others between June 5th and 8th, 1996, to commit a robbery at Adare.
Mr O'Leary said he was aware Mr Quinn had been taken to the Accident and Emergency Department of the hospital on three previous occasions since his arrest on June 9th and had been examined by doctors on those occasions. Xrays of Mr Quinn proved negative and he saw no signs of injuries to the face, scalp or neck. He detected a tenderness on the sternum but there was no swelling and no evidence of bruising or swelling. He also detected a slight tenderness on the upper abdomen but there was no evidence of bruising on the back.
He said that on the basis of his examination he found Mr Quinn had no life-threatening injuries and was fit to travel. The trial continues today.