The High Court has reserved judgment on the hearing of an attempt by a detective garda to stop his trial on perjury charges relating to evidence given by him during the trial of Colm Murphy on charges connected to the Omagh bombing.
The proceedings were brought by Det Garda Liam Donnelly who claims his right to a fair trial has been prejudiced because of a number of factors, including the non-availability of some evidence that a forensic expert had given to Mr Murphy's trial related to that expert's analysis on Garda notes of an interview with Mr Murphy.
Having carried out an examination of certain documents, the expert had testified that a page of a memorandum was falsified. However, one of the original documents on which he had based that conclusion is now missing and this is among the reasons why Det Garda Donnelly contends he cannot receive a fair trial. He also claims the delay in bringing the prosection has caused him prejudice, stress and anxiety.
Submissions on behalf of the detective were presented to the court yesterday by Paul Coffey SC. In opposing the application for the DPP, Paul O'Higgins SC rejected the argument that the non-availability of the writing analysis document, whose non-availability was not the fault of the prosecution, had prejudiced the right to a fair trial.
None of the complaints made by Det Garda Donnelly were matters that could not be addressed at trial, counsel said. While there had been some prosecutorial delay, it was not such as to create the risk of an unfair trial, counsel also submitted.
Mr O'Higgins also said Det Garda Donnelly's application should be refused on grounds of the detective's delay in bringing his judicial review proceedings. Det Garda Donnelly was outside the three-month limit in bringing his case that was not initiated until November 2005 although the return for trial was in January that year, counsel said.
Having heard from both sides, Mr Justice Iarfhlaith O'Neill said he would reserve judgment to Tuesday next.
Both Det Garda Donnelly and Det Garda John Fahy were each returned for trial in January 2005 on perjury charges before Dublin Circuit Criminal Court relating to evidence they gave during the Murphy trial. A trial date has been fixed for October 16th next. Both gardaí, who were members of the Carrickmacross-based team of gardaí who interviewed Mr Murphy, have denied the charges. Both face two counts each of falsely swearing evidence during the trial of Mr Murphy on dates between October 18th and November 15th, 2001.
Mr Murphy was convicted in the non-jury Special Criminal Court in January 2002 of conspiring to cause an explosion. A retrial was subsequently ordered by the Court of Criminal Appeal after it quashed the conviction on two grounds, including the Special Criminal Court's approach to the alteration of Garda interview notes and the evidence given by the two officers.