Reliable security sources have told The Irish Timesthat the men who accompanied the suspected killer of Donna Cleary could only have been charged with a criminal offence in relation to the killing if one central fact could be proven: that both or either of them knew Foster had a gun when they drove back with him to the party. "That would suggest criminal intent on their part," said one source.
On the night of the murder, some witnesses were able to identify Dwayne Foster as the man who killed Ms Cleary. They told gardaí they had seen him brandish the gun and open fire into the crowded house.
Gardaí believed these witness statements were reliable. They started their murder investigation from the premise that Foster, a 24-year-old Finglas man, was the main suspect. Foster and his three companions on the night were arrested within 20 hours of the murder.
However, the gunman, who had been in poor health, died in custody. The investigation then turned to the roles played by the suspected killer's three companions.
One of these men was quickly ruled out of the murder inquiry because while he was with the others when they were turned away from the party, he did not return with them and was not at the scene when Ms Cleary was shot. The other two men were arrested and questioned at length but exercised their right to silence. All of the evidence was presented to the DPP. The lack of evidence that they knew Foster had a gun seems to have been one of the reasons there have been no prosecutions.
