A defence lawyer for Mr Paul Ward, the man accused of murdering journalist Veronica Guerin, claimed at the Special Criminal Court yesterday that the case against him depended "absolutely entirely on contested verbals and a supergrass". Mr Patrick MacEntee SC submitted that there was enormous pressure on the gardai following the murder of Ms Guerin to make a breakthrough in the investigation. "There was a daily outcry that somebody be brought to justice. This was an enormous, offensive crime, an offence to the conscience of the nation.
"Through no fault of their own, the gardai were unable to make a breakthrough. That is the context in which Paul Ward was arrested," he said. Mr MacEntee told the three judges at the non-jury court of the danger of relying on the evidence of a State witness - Charles Bowden - and that it was impossible to tell when he was telling the truth and telling lies.
Earlier Mr Eamonn Leahy SC, prosecuting, said Mr Ward "played a part in a prearranged plan to shoot Ms Guerin and is complicit in a crime and in law is guilty of the crime itself. If the court is satisfied that the accused man had participated in a plan to kill or cause serious injury to Ms Guerin, he would be guilty of murder."
The prosecution and defence were giving closing speeches on the 29th day of the trial of Mr Paul "Hippo" Ward (34), Walkinstown Road, Dublin, who has pleaded not guilty to the murder of Ms Guerin (36), at the Naas Road, Clondalkin, Co Dublin, on June 26th, 1996.
The prosecution has claimed that Mr Ward was a member of the gang which planned and carried out the killing and that he disposed of the murder weapon and the motorcycle when the killers called to his house.
Mr Leahy said the case against Mr Ward rested on three alleged admissions made by him to gardai on October 17th and 18th, 1996, and Bowden's evidence. Mr Leahy said these would be enough on their own to convict Mr Ward. Evidence was heard from eyewitnesses, from State Pathologist Dr John Harbison and from Det Sgt Patrick Ennis of the Garda Technical Bureau.
He said Bowden's evidence was corroborated by the admissions, if the court accepted the admissions. He also submitted that evidence of phone calls made between Mr Ward and a man named in court as one of the killers was evidence "capable of tending to support the case made by the prosecution".
Other factors of which the court should take notice were the existence of an organised gang for the distribution of cannabis which Mr Ward had supported by his own evidence, weekly meetings held by the gang to divide the profits and the amount of money charged by the gang for a kilo of cannabis.
Mr MacEntee asked the court to consider the case in Northern Ireland involving supergrass Harry Kirkpatrick, the last such trial there. The Court of Appeal in Northern Ireland had considered a large number of informer cases and became more sceptical of the credibility of the supergrass witnesses. After the court refused to accept the credibility of Kirkpatrick, the use of supergrasses was abandoned in Northern Ireland.
"They are ex-members of an organisation giving evidence against members of that organisation," he said. "The real danger in this case is that the witness can appear to be very confident, giving all the appearance of being truthful. He knows the facts better than anyone else because he was a participant in them but he has a lot of self-interest to serve."
Mr MacEntee said it was impossible to tell when Bowden was telling the truth and when he was telling lies. This case had "serious and difficult implications" and was "an extremely difficult and emotive case".
He asked the judges to make sure their "natural human sympathy" did not invade their deliberations on the case. He asked the court to consider the context of Mr Ward's arrest.
Ms Guerin had been assassinated in June and by October most of the "big people" being sought were gone. It was reasonable to assume that when Bowden began to talk after his arrest, the Garda investigation went into "top gear." Bowden's evidence made it essential for the gardai to make arrests. "There is not one pick of evidence of any description, shape or make apart from the contested statements and the evidence of the informer Bowden which puts [two named men] into this frame at all. This is a very, very stripped down case and depends entirely on a contested series of alleged verbals and the word of an informer and absolutely nothing else," he said.
Earlier Mr MacEntee apologised unreservedly after Mr Justice Barr raised what he said were matters which had reflected on the integrity of the court during the conduct of the trial. He said Mr MacEntee's comments on Wednesday had led to one journalist conveying "a false impression".
Mr MacEntee apologised unreservedly and said he was satisfied the trial was conducted fairly. Defence submissions continue today.