Lawyers for John Gilligan, who is accused of the murder of the journalist Veronica Guerin, submitted at the Special Criminal Court yesterday that he had no case to answer in relation to murder, drugs and firearms charges.
Mr Terence McDonald QC said the evidence of a protected witness, Russell Warren, could not be relied upon to convict Mr Gilligan of murder.
If there were a jury in the trial they would have to be warned about Warren's evidence, and it would be "perverse" to convict on his evidence. Warren must be treated "potentially as an accomplice in the murder of Veronica Guerin."
Mr McDonald said Warren had admitted to the court that he had committed perjury in a previous court case, and he submitted that Warren had also committed perjury in this trial and had lied to the court "on fundamental matters".
Gilligan's other counsel, Mr Michael O'Higgins SC, submitted that the only evidence to support the drugs and firearms counts was the testimony of another protected witness, Charles Bowden, who was an accomplice, a police informer and a man of bad character.
Mr O'Higgins said that Bowden had committed perjury many times, had committed perjury in the current trial and that his evidence was "inherently unreliable".
"Mr Bowden doesn't land a single clean punch on Mr Gilligan," said Mr O'Higgins.
Mr Peter Charleton SC, prosecuting, said it was central to the prosecution case that Gilligan was the "head of the gang central to the murder of Veronica Guerin".
He said there was evidence capable of being taken as corroboration in the phone records, the threats made against Veronica Guerin and her family, and in the motive for the murder.
The court is expected to rule on the defence submission that Gilligan has no case to answer today. It was the 36th day of the trial of John Gilligan (48), who has pleaded not guilty to the murder of Veronica Guerin (37) at Naas Road, Clondalkin, Dublin on June 26th, 1996.
Gilligan also denies 15 other counts alleging the importation of cannabis and firearms and ammunition offences.