The evidence of a detective garda who was granted immunity from prosecution would prove "devastating" in demonstrating that a detective sergeant planted a sawn-off shotgun near a Traveller encampment in north Donegal eight years ago, a Donegal jury was told yesterday.
Det Sgt John White, who at the time was attached to Letterkenny Garda station, is charged with possession of a firearm in suspicious circumstances on May 22nd, 1998. Gardaí were at the time investigating the suspicious death of Edward Fitzmaurice in Co Mayo, barrister Paul Coffey told the court.
He said Det Sgt White supplied information "apparently deriving from a confidential source" that named members of the Travelling community were involved in the suspicious death. The sergeant said these individuals were located along the Donegal-Derry border, and had a firearm in their possession for defence.
A sawn-off shotgun was later found near the encampment and seven men were arrested. In custody, all seven "vehemently denied" any knowledge of the weapon or of Mr Fitzmaurice's death and no charges were brought.
The trial, which is expected to last at least three weeks, began yesterday before Judge Olive Buttimer at Letterkenny Circuit Court.
In addition to circumstantial evidence, Mr Coffey said the evidence of Det Garda Thomas Kilcoyne, who worked in Det Sgt White's unit at the time and which he first gave in a statement on June 13th, 2001, would be "direct and devastating".
He said Det Garda Kilcoyne, who made a statement under caution in 2001 that he witnessed Det Sgt White obtain the sawn-off shotgun, test-fire it and plant it in proximity to the campsite, where it was found the next day during a Garda search, had "nothing to gain and everything to lose in making the cautioned statement".
The barrister said Det Garda Kilcoyne had since been granted immunity from prosecution, but did not have immunity at the time and could have been prosecuted for making the admission.
"If you accept Det Garda Kilcoyne, it must follow that the accused was in possession of the firearm when he planted it at the area of its subsequent discovery on Saturday, May 23rd, and it must follow that he had it in his possession for a purpose which was unlawful," Mr Coffey said.
Later, Det Supt John O'Mahony told the court he was part of a team investigating the death of Mr Fitzmaurice when he received a fax from Det Sgt White on May 19th, identifying four named individuals the sergeant said were involved in Mr Fitzmaurice's death according to a confidential source.
A few days later, he received a second fax in which Det Sgt White said he had identified the location of the individuals, a Travellers' encampment near Burnfoot, and that there was a firearm near the site "for protection".
Det Sgt White applied for a search warrant and nine members of the National Bureau of Criminal Investigation travelled to Donegal. While they were on the road on the morning of May 23rd, 1998, Det Sgt White called him to tell him a firearm had been found and "arrests had been made or were about to be made" under section 30 of the Offences Against The State Act, 1939.
The men were released late on May 24th. "None of the prisoners has been charged with any offence," Det Supt O'Mahony told the court. He told barrister Damien Crawford, representing Det Sgt White, that all of the men had "strenuously denied" any involvement in Mr Fitzmaurice's death. His death was still an open investigation, Det Supt O'Mahony said, and gardaí had not identified a suspect.