After four days of ‘amnesia’ and controversy, murder trial collapses
As Limerick man Liam Keane walked free from court yesterday, the Director of Public Prosecutions was given court transcripts of his trial where six witnesses denied making statements identifying him as the killer of Eric Leamy.
Following the collapse of the trial, opposition parties called for firm action against intimidation of witnesses as Minister for Justice Michael McDowell said he was reviewing the criminal justice system.
Trial judge Mr Justice Paul Carney said he had never before encountered “the likes of what happened in this case” where 19-year-old Mr Keane denied the murder of Mr Leamy, also 19, in Limerick in 2001.
Grinning and hugging relatives as he left the Central Criminal Court with his “Constitutional presumption of innocence intact”, it was made clear that for a fresh prosecution to be brought against him new evidence will be required.
However, it is extremely rare for the accused to be retried in such circumstances.
The Director of Public Prosecutions entered a plea of nolle prosequi: under this legal rule, the case is withdrawn but may be brought again.
Referring to the six prosecution witnesses, Mr Justice Carney warned of the possibility of a “plethora of successful prosecutions” arising out of the trial.
The judge ordered that the entire transcript of this and an earlier, related, trial be forwarded to the DPP.
The DPP directed that a nolle prosequi be entered when key prosecution witness Roy Behan denied making statements identifying Mr Keane as the man who stabbed the deceased Mr Leamy.
The judge warned the witnesses they could face life imprisonment if they had committed perjury or, alternatively, five years for giving gardaí false information.
However, following the warning all six repeated their sworn evidence, either denying they made statements incriminating the accused, or claiming they could not remember, citing drug abuse as the reason.
On Friday, Mr Behan failed to appear in court and there was evidence in the absence of the jury that he had been assaulted at a Limerick train station en route to Dublin.
While Mr McDowell said he could not comment upon this particular case, he said he was examining the criminal justice system to see if changes were required.
Since the DPP had entered a nolle prosequi, the criminal process was not terminated or exhausted, the minister said, and it would be inappropriate to comment in any way which might prejudice any future trial.
“As the minister with responsibility for the criminal justice system, it is appropriate for me, in the light of recent events, to review the adequacy of legislative provisions, resource allocation and administrative practice, to see whether and what changes are required, and to consult with all the appropriate persons and organisations involved in the criminal justice system,” he said.
But Fine Gael justice spokesman John Deasy said the minister had to investigate the protection of witnesses in cases involving gangland murders and identify the reasons these witnesses were unprepared to testify against the murderer accused.
Following on from a court in Limerick being unable to assemble a jury because potential jurors feared for their safety, Mr Deasy said it was clear the minister was delusional if he thought he was winning the war against crime.
“Organised crime is subverting our criminal justice system and this Government seems unwilling to do anything about it. This requires direct action against those individuals who are prepared to intimidate citizens and make a laughing stock of the criminal justice system,” he said.
Labour Party justice spokesman Joe Costello said it was a sad day for the criminal justice system.
“We cannot tolerate a situation where justice is aborted. The Minister for Justice has to ensure the rule of law operates in every part of the country. It behoves him to act on the degree of lawlessness that we have seen in Limerick,” he said.
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