The Special Criminal Court yesterday refused a defence application to halt the trial of Mr Brian Meehan (34), the man accused of murdering journalist Veronica Guerin.
Mr Meehan's counsel, Mr John McCrudden QC, applied to the court to stop the trial because of alleged interference by the State with three protected witnesses who have given evidence for the prosecution. Mr McCrudden claimed the keeping of Charles Bowden, Russell Warren and John Dunne, who are in the Witness Protection Programme, together in the same wing in Arbour Hill prison was "an abuse of process".
But yesterday Mr Justice Morris, presiding, said the court accepted there had to be an intention on the part of the State or its agents to interfere with witnesses, or with the administration of justice, to prove an abuse of process.
"The court does not accept that any such scheme was engaged in by the State authorities," he said. The judge said it seemed perfectly reasonable the three State witnesses should be incarcerated together.
It was the 26th day of the trial of Mr Meehan, of no fixed abode, and formerly of Clifton Court, Dublin and Stanaway Road, Crumlin, Dublin, who has pleaded not guilty to the murder of Ms Guerin (36), at Naas Road, Clondalkin, Dublin, on June 26th, 1996.
Ms Liz Allen, a Sunday Independent journalist, told the court she spoke to Mr A, the leader of the drugs gang behind the Guerin murder, by phone on June 28th, 1996, two days after the journalist was shot dead.
Ms Allen said she had an eight-hour interview with the man in Amsterdam at the beginning of July.
Mr Meehan also denies 16 other charges alleging he unlawfully imported cannabis resin into the State on various dates between July 1st, 1994 and October 6th, 1996; that he unlawfully possessed cannabis resin for the purpose of sale or supply on the same dates; and that on or about October 3rd, 1996, at Unit 1B, Greenmount Industrial Estate, Harold's Cross, Dublin, he had cannabis resin for sale or supply.
He has also pleaded not guilty to having a Sten submachine gun, a silenced barrel, two magazines, a 9 mm Agram machine pistol, five Walther semi-automatic pistols, four magazines and 1,057 rounds of assorted ammunition with intent to endanger life at Oldcourt Road, Tallaght, Dublin between November 10th, 1995 and October 3rd, 1996.
The trial continues today.