A prosecution witness complained yesterday to the Special Criminal Court that he had been "intimidated and threatened" before giving evidence at the trial of four men accused of the capital murder of Det Garda Jerry McCabe.
When he had finished his evidence, Mr Nicholas Bowden asked: "I just want to know why should I be intimidated and threatened before I came to court."
Mr Justice Richard Johnson, presiding, said Mr Bowden was "perfectly entitled" to go to the Garda with such complaints. Mr Bowden did not specify who or where the threats came from.
Earlier he had twice picked out a man from a Garda video and said he was similar to a man he had seen sitting on a wall outside Adare on the day Det Garda McCabe was shot dead.
The court had earlier ruled that a 17-minute video, compiled from republican commemorations in Nenagh and Limerick over a three-year period, was admissible in evidence despite objections from Mr Anthony Sammon SC, for Mr Kevin Walsh.
It was the eighth 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. A fifth man also denies charges connected with the murder and an attempted post office van robbery.
The men facing the charges are Mr Pearse McCauley (34), from Strabane, Co Tyrone, with no fixed address, Mr Jeremiah Sheehy (36), of Abbey Park, Rathkeale, Mr Michael O'Neill (46), of Lisheen Park, Patrickswell, and Mr Walsh (42), also of Lisheen Park, Patrickswell, all Limerick.
Mr O'Neill, Mr Sheehy, Mr McCauley and Mr Walsh pleaded not guilty to the murder charge and to the attempted murder of Det Garda Ben O'Sullivan on the same date. They also denied having firearms with intent to endanger life at Adare on June 7th, 1996, conspiracy to commit a robbery in Adare on June 5th-8th, 1996, and having 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, Co Tipperary, on June 7th, 1996 and to having three shotgun cartridges at Clonolea on the same date.
Mr John Quinn (30), of Faha, Patrickswell, denied the unlawful possession of ammunition at Patrickswell, on June 6th, 1996 and to conspiring with others between June 5th and 8th, 1996 to commit a robbery at Adare.
Mr Bowden said he watched the video at Henry Street Garda station. Twice he picked out a man, saying he was similar to the man he had seen outside Adare. Mr Dennis Bewick had also seen the video. It was shown to the court and Mr Bewick pointed to the man he thought was the person driving a silver car which gardai believe was the getaway car on June 7th, 1996. But he repeated he was not 100 per cent sure about this.
Mr Sammon, defending, submitted that the video shown to Mr Bewick and Mr Bowden should not be admitted in evidence because it introduced prejudicial material. He added that while Mr Walsh had been asked to take part in an identity parade at the time of his arrest in March 1998, he had not been asked to do so before gardai showed the video to potential witnesses.
But Mr Justice Johnson said the court was satisfied the video was "fair regarding its content and variety of persons involved". He said it was admissible and the weight of the identity evidence would be a matter for argument later.
Det Sgt John Heelan, Henry Street, said he spoke to Mr John Quinn the day after the killing. Mr Quinn said he had gone for a pint in Limerick on the night before the killing and had returned to Patrickswell. Det Sgt Heelan said he identified Mr Quinn from a security video, dated June 7th, at a filling station at Dock Road. On June 9th he arrested Mr Quinn.
He believed Mr Quinn had information relating to the possession of firearms in Adare on June 7th. The trial continues.