Witness scheme ‘should have statutory basis’

THERE were calls yesterday for the State witness protection programme to be put on a statutory basis.

The demand came after the Court of Criminal Appeal criticised the way the scheme had been used in the John Gilligan trial in 2001.

The court, however, confirmed the drug conviction handed down against Gilligan at the Special Criminal Court.

Gilligan had appealed the conviction and the 28-year-sentence to the Court of Criminal Appeal on the basis that the evidence of the three witnesses in the witness protection programme could not be relied upon.

The three witnesses Charles Bowden, Russell Warren and John Dunne claimed they had engaged in drug supply activities with Gilligan.

Counsel for Gilligan had argued that the evidence of Warren and Bowden, in particular, was obtained to some degree by offering incentives to the witnesses through the witness protection programme.

In their ruling yesterday, the judges said: "Clearly in seeking to ensure the preservation of public order and the protection of the public, the gardaí and the prosecuting authorities are entitled to offer protection to witnesses who might be intimidated or fearful that if they gave evidence there would be serious reprisals against them or their family."

This in itself also involved the offering of benefits to such witnesses who could not be fully protected unless such benefits were given, they said. However, Mr Justice Brian McCracken, Mr Justice John Quirke and Mr Justice Michael Peart, said there were some very disturbing factors in the way in which the authorities had sought to obtain evidence from Bowden and Warren.

The court said one of the most worrying things about the witness protection programme was that no actual programme had been put in place.

"There ought to have been clear guidelines from the beginning as to what could or could not be offered to the witnesses. This was not done, and instead there was an ongoing series of demands by the witnesses, most of which, it must be said, were rejected, but the position was kept fluid almost right up to the time when they gave evidence."

Labour party justice spokesman Joe Costello called on the Government to put the witness protection programme on a proper statutory basis. "The criticisms made by the Court of Criminal Appeal are so strong, there must be a danger that potential convictions will be put in jeopardy unless the Minister deals with the flaws repeatedly pointed out to him by the courts," he said.

It is understood senior gardaí have approached Justice Minister Michael McDowell regarding the extension of the programme to help in gangland investigations.