The decision to accept a manslaughter plea in the Det Garda Jerry McCabe murder case was a pragmatic decision based on the "reality" of the case, the Garda Commissioner, Mr Pat Byrne, has said.
"I would have been aware of developments in the case as it progressed in court, and also aware of the strengths and weaknesses of cases, and at the end of the day decisions in relation to accepting a plea is a matter for the DPP, both legal teams and also my officers," he said. Asked if he felt the case was not strong enough to secure a capital murder conviction, he said it was difficult to anticipate the outcome of a prosecution.
"We're all professional and we understand what's involved in prosecuting a case. Our job is to gather evidence and make it available to the DPP. We must face reality and understand, as I said, that in all cases there are strengths and weaknesses."
Mr Byrne's comments echo the sentiments of investigating officers who have said they believe the plea was the best possible outcome, proving they had pinpointed those responsible.
Speaking before an awards ceremony in the Garda training college in Temple more, Co Tipperary, Mr Byrne said he was concerned at reports of intimidation of witnesses in the case, and these claims would be examined by gardai.
"Some witnesses for the prosecution were, for whatever reason, unable or unwilling to give evidence. That creates a difficulty in itself," he said, but intimidation could happen in any type of case. And because of this threat the McCabe case had "identified what we've always maintained, that the Special Criminal Court is vital to the whole criminal justice system," he said.
Mr Byrne welcomed the conviction of four men for the manslaughter. "The killers of Jerry McCabe have admitted their involvement in it and have been successfully prosecuted. In so far as the sentencing is concerned it would not be appropriate to comment. What we have here are people who we knew were involved in the savage act admitting in court they are the killers of Jerry McCabe. That to me means an awful lot."
