New legislation to deal with the intimidation of witnesses in criminal court cases is to be introduced in the Dail within weeks.
During a sometimes impassioned debate yesterday on the conviction of four men for the manslaughter of Det Garda Jerry McCabe, the Minister for Justice, Mr O'Donoghue, confirmed that three new legislative proposals would be brought forward to deal with witness intimidation.
The measures will allow witnesses who may be vulnerable to intimidation to provide evidence by video-link. It will also be an offence to attempt to trace witnesses who have been relocated as part of the present witness protection programme. A new statutory offence, carrying a 10-year prison sentence, is also to be created to deal specifically with anyone seeking to intimidate witnesses.
The proposals stem from the controversial decision of the prosecution last week to accept a manslaughter plea during the trial of those originally accused of the murder of Det Garda McCabe. Three prosecution witnesses failed to give evidence at the trial and a Garda investigation has begun into the matter.
The measures are to be "grafted onto" the 1997 Criminal Justice Bill, which is currently before the Seanad.
Pressed by Opposition politicians about the possible early release of the four men convicted of the manslaughter of Det Garda McCabe, Mr O'Donoghue said: "I have to wonder how many different ways we have to say `no' for people to get the message."
Those involved would not have the benefit of the early release terms contained in the Belfast Agreement, he said.
Amid speculation that Sinn Fein might consider mounting a legal action to seek to have the men released under the agreement, the Minister said that any such action would be "vigorously resisted by the State".
The role of the Release of Prisoners Commission, set up under the agreement, was "solely advisory" and could only consider cases specified by the Minister for Justice.
According to Mr O'Donoghue, neither he nor any of his successors would regard those convicted in connection with the killing of Det Garda McCabe to be in the category of "qualifying prisoners".
Strongly denying that he or any official had sought to interfere with the DPP's decision-making process in the McCabe case, the Minister said that the DPP, consulting with the prosecution's legal team, had had to "make a judgment in the light of facts and circumstances which began to unfold as the trial proceeded".
Mr O'Donoghue said he did not believe that the Sinn Fein president, Mr Gerry Adams, was "telling the truth" when he had said on Radio Kerry that the Taoiseach had remarked in the final hours of negotiating the Belfast Agreement that he (Mr Ahern) "didn't rule out completely" the possibility of the early release of people who might subsequently be convicted of the killing of Det Garda McCabe.
According to Mr O'Donoghue, it was "false" to suggest that the Taoiseach had been ambivalent. He had made it absolutely clear that those convicted would not qualify for early release.
Pressed to state if he knew whether or not the Adare robbery had the sanction of the "IRA hierarchy", Mr O'Donoghue said that there seemed to be evidence to suggest the involvement of "people who were not there on the day".
Meanwhile, the Fine Gael leader, Mr John Bruton, said that the Kalashnikov rifle which had been used to kill Det Garda McCabe had never been found and was part of the arsenal of IRA weapons "that lie all over this island that the IRA refuse to decommission".
Sinn Fein figure that the IRA has said they will never decommission, and that he believes them . . . That was said by a signatory of the Belfast Agreement in this House a week ago", he added.
The Government has agreed to prepare legislation for a register of sex offenders and a law to allow representation for rape victims in court.
Dail report; Minister moves on register for sex offenders: page 6