A barrister told the Special Criminal Court yesterday that Mr John Gilligan threatened to kill the journalist Veronica Guerin and to kidnap her son and "ride him" during a mobile telephone conversation he heard.
Mr Felix McEnroy SC said that while he was consulting with Ms Guerin at his office on September 15th, 1995, about an alleged assault on her by Mr Gilligan the day before, her mobile phone rang. He was satisfied she had been threatened.
Mr McEnroy said Ms Guerin told him what was said on the phone and she became afraid. A second call came and she turned up the volume. The voice was loud and angry and abusive. Then it said: "This is John Gilligan."
"When I heard the explosive burst down the phone I knew who it was. I heard John Gilligan's voice," Mr McEnroy said and he identified the accused as the man whose voice he had heard.
Mr Gilligan was using expletives at Ms Guerin. Then Mr McEnroy said he heard him say: "If you do one thing on me or if you write about me I will kidnap your son and ride him. I will shoot you. Do you understand what I'm saying? I will kidnap your f. . . ing son and ride him. I will f. . . ing shoot you. I will kill you." Mr McEnroy said he told Ms Guerin she should make a statement for the gardai. He prepared a statement.
Mr McEnroy, the first prosecution witness, said he had been brought to court on subpoena. He said he had attended consultations with John Gilligan, including one all day on June 18th, 1994. He had met Ms Guerin a number of times on contempt and defamation.
He said solicitor Mr Michael Kealy phoned him on September 15th, 1995, and he understood Ms Guerin had been assaulted. He told Mr Kealy he had represented the person alleged to have assaulted her and Ms Guerin should be told that.
Ms Guerin arrived at his office later. "There was bruising or swelling over her left eye," he said.
Earlier Mr Peter Charleton SC, prosecuting, said Mr Gilligan was the "controlling mind" behind a criminal gang he "cloaked in secrecy and terror" and he organised the murder through his gang members.
Mr Charleton was opening the prosecution case on the third day of Mr Gilligan's trial after the court rejected defence applications to inquire into his extradition and the arrangements for protected witnesses, Charles Bowden, Russell Warren and John Dunne.
Mr Gilligan (48), has pleaded not guilty to the murder of Ms Guerin (37) on June 26th, 1996, and he denies charges of importing cannabis for sale or supply, and of having weapons and ammunition.
Mr Charleton said the people who shot Ms Guerin six times "were persons who were acting under the control and command of John Gilligan", although Mr Gilligan was in Holland.
Mr Charleton said the prosecution contended that Mr Gilligan and his gang imported hundreds of kilos of cannabis and some cocaine and firearms and ammunition.
"The motivation for the murder of Veronica Guerin was the protection of that empire and the protection of the lie that he was not involved in these offences."
On September 14th, 1995, Ms Guerin called to Mr Gilligan's house in Enfield and the next day she told the gardai Mr Gilligan had assaulted her.
In late 1995 Mr Gilligan contacted John Dunne and arranged for him to ship drugs to Cork from Holland, described as machine parts. Dunne delivered them to a Kildare hotel and gang members collected them.
Mr Charleton said the first shipment on August 26th, 1995, was 75 kilos and the last on October 7th, 1996 was 380 kilos. Guns were added to some drugs consignments, the first arriving in November 1995, and Charles Bowden took them to a grave in a cemetery in Tallaght.
The .357 Magnum revolver used in the murder arrived in January 1996 with 12 bullets and was put in the grave - It has never been found.
Russell Warren told Mr Gilligan in early June 1996 that he had stolen a motorbike and Gilligan said to keep it, "I might need it". This bike was used in the murder. Mr Gilligan bought a ticket to Amsterdam on June 13th, 1996, and left Dublin on June 25th.
"He deliberately left the jurisdiction having put in place the elements whereby Veronica Guerin was to be murdered and from abroad he directed that murder," said counsel.
Mr Charleton said Mr Gilligan told Russell Warren to go to Naas and to watch for a red car. Charles Bowden had cleaned and loaded the Magnum revolver with six bullets.
Ms Guerin was shot dead by the pillion passenger on a motorbike driven by Brian Meehan. The driver then shouted: "That's it."
The trial continues today.