A murder trial that heard allegations of witness intimidation dramatically collapsed at the Central Criminal Court today when the Director of Public Prosecutions entered a "nolle prosecqui".
It was the third day of the trial of Mr Declan Curran who had denied the murder of William O'Regan in Dublin in June 2003.
Acceding to the prosecution's application to formally withdraw the murder charge, Mr Justice Paul Butler noted that the key prosecution witness, Ms Christine Mahon, appeared to him to be under "severe pressure". Discharging the jury, the judge reminded the court that this case involved a brutal slaying and he extended his sympathy to the deceased's family.
On Monday, Ms Mahon withdrew her statements implicating the accused - her former lover -in the murder of Mr O'Regan.
She told the jury she was under round-the-clock Garda protection but that she had not requested it. The court also heard that two gunmen men entered her flat last April but she denied in evidence that she was "terrified" into retracting her statements.
Over two days in the witness box, Ms Mahon claimed she had lied to gardai and also that she could not recall crucial details linking the accused to the murder of Mr O'Regan. She was treated as a hostile witness. Ms Mahon denied withdrawing her Garda statements of October 2003 out of fear.
In court today Mr Paul O'Higgins SC said: "It is the intention of the DPP to enter a nolle prosecqui".
Mr Brendan Grehan SC, defending, opposed the application and said he was seeking a verdict of "not guilty" by direction. He said the accused was entitled to an acquittal as there was no evidence before the jury upon which they could properly convict.
He contended that the prosecution, having put forward no evidence, cannot enter a "nolle" now "in the hope of re-activiating this particular prosecution in the future." To do so "would absolutely offend against the principle of double jeopardy".
Mr Grehan added that Mr Justice Butler had the opportunity of assessing the witness's demeanor in the witness box where, he added, "she came across as a very relaxed person".
The judge interrupted by saying that on the contrary she gave every indication "of someone under severe pressure".
A nolle prosequi leaves the DPP at liberty to re-enter the charge at a later date.
Mr Curran (24) of Cardiffsbridge Avenue, Finglas, Dublin, had pleaded not guilty to the murder of Mr O'Regan (33) at his home at Old Cabra Road Dublin on June 12th, 2003.
The court heard Mr O'Regan was shot in the head and his hand was left hanging off after two masked gunmen burst into his flat and fired five shots. Mr O'Regan had been watching a video with his partner when he was shot.