The State's request that the testimony of State witness Det. Insp. John O' Mahoney be "utterly ignored" was turned down at the Special Criminal Court this afternoon.
Mr Justice Diarmuid O'Donovan ruled that defence counsel, Mr Michael O'Higgins could continue his cross-examination of the witness providing he did not ask any questions which would provoke hearsay answers. Further, he said the court would "ignore any such evidence already heard".
Det. Insp. O'Mahoney who had been attached to the Garda investigation team into the killing of Sunday Independentjournalist Ms Veronica Guerin was testifying at the trial of Mr John Gilligan - who has pleaded not guilty to the murder.
Det. Insp. O'Mahoney was giving evidence regarding his interrogation of Mr Charles Bowden - a future State witness.
Counsel for the prosecution, Mr Peter Charleton SC, raised the objection this morning on the basis that Det. Insp. O'Mahoney was being asked to give his opinion as to the credibility of a key witness.
This, he said, amounted to hearsay and therefore could not be relied upon by the court when making its final ruling in the case.
Mr O'Higgins, however, had defended his cross-examination of the witness and said he was not attempting to impugn Mr Bowden through Det. Insp. O' Mahoney. He insisted he was trying to highlight to the court that the investigation into Ms Guerin's killing was not done without "fear or favour".
He said Mr Bowden received "favourable treatment" by investigating Gardaí.
Det. Insp. O'Mahoney had stated that on October 5th 1996 Mr Bowden told him where to find a stash of money which he claimed was the entire proceeds of his drug-selling career.
A sum of £85,000 was found in bundles of £1,000 in a flat on Mespil Road in Dublin. Det. Insp. O'Mahoney said Mr Bowden, whom he described as "addicted" to money, told him the amount he was accumulating was "getting on top" of him.
However, Mr O'Higgins read a transcript from the Garda interview conducted on that date and told the court that Mr Bowden had told over 20 lies during the interview.
Mr O'Higgins described it as a "scandal" that Mr Bowden's story was taken at face value and never investigated by the Criminal Assets Bureau.
This afternoon Mr O'Higgins told the court that a sum of £600,000 sterling belonging to an alleged "equal partner" of Mr Bowden had been seized by the Gardaí and suggested that the "same amount" was a more realistic estimate of Mr Bowden's proceeds from drugs.
Det. Insp. O'Mahoney agreed Mr Bowden had enjoyed "a high lifestyle", frequented the "best bars" in Dublin, drove a BMW car and said he was making close to £2,000 per week from drug dealing.
But he claimed he was satisfied that the £85,000 figure did tally with the result of various Garda investigations.
The trial continues next Tuesday.