Guerin murder conviction overturned

The court’s three judges ruled that Ward’s conviction and jailing for life in 1998 should not stand.

But the 37-year-old Dubliner was not set free.

Instead, he was sent back to Portlaoise prison in Co Laois to serve the remainder of a 12-year term imposed in 1999 for his part in a riot in Dublin’s Mountjoy jail while he was awaiting trial for the Guerin murder.

The appeal court agreed with claims made at a hearing earlier this month by counsel for Ward that crucial evidence given at his trial by Bowden, a former soldier now living in special security conditions outside Ireland, lacked credibility.

The judges said it was questionable whether one could be confident of eliminating all factors which would motivate and encourage liars such as Bowden to justify a belief beyond all reasonable doubt in any evidence given against Ward.

Bowden’s also provided evidence in the case against the second man jailed for the murder of Ms Guerin, James Meehan.

During the appeal proceedings, Peter Charleton, counsel for the Director of Prosecutions argued that the Special Criminal Court 1998, had been aware of the defects in Bowden’s credibility at the Ward trial, and specified them.

He also said that there was no rule that the uncorroborated evidence of an accomplice had to be rejected.

But Ward’s counsel, Barry White, maintained that the court had been wrong in failing to treat Bowden as a ‘‘supergrass.’’

Mr Justice Frank Murphy, president of the court, directed that the appeal should be allowed and that the conviction set-aside.

He said it had to be assumed that the killing of Ms Guerin was opportunistic and not the result of ‘‘a pre-ordained’’ scheme.

Ms Guerin, 36, was shot dead at the wheel of her car in June, 1996, by the pillion passenger on a motorcycle which drew up alongside her at traffic lights.

The killing prompted law changes and a major garda offensive against organised crime that ended up with a number of convictions for offences not directly connected to the murder of the journalist.

After today’s court developments, members of Ward’s family indicate he would appeal against the prison riot conviction.

Jimmy Guerin, the murdered journalist’s brother commented ‘‘I firmly believe most of those responsible for Veronica’s murder are behind bars. But we knew there was a danger of Paul Ward winning an appeal.’’

Commissioner Pat Byrne, head of the Garda Siochana police force, pledged continued investigations of organised crime, but added ‘‘If a court makes a decision, we respect that decision and carry on with our business.’’

Alan Shatter, justice spokesman for Fine Gael, said the judgment illustrated the folly of relying on ‘‘supergrass evidence.’’

He declared: ‘‘The outcome also starkly illustrates the importance of ensuring that no matter how horrendous the crime, and no matter how great the pressures under which they operate, the Garda Siochana must at all times fully and properly abide by the correct procedures.’’

:: John Gilligan, who was cleared of the Guerin murder by the Special Criminal Court, but subsequently jailed for 28 years for drugs offences, was today ordered by the same court to hand over more than €17.7m to Ireland’s Criminal Assets Bureau within 12 months.

Gilligan’s assets are alleged to include an equestrian centre, two houses, six vehicles, 16 bank accounts and millions of pounds of cash staked in bets.