‘Very slim’ chance man killed wife

AN INTERNAL Garda review of its investigation into the shooting to death of a Malahide woman found none of the reasons it had previously put forward pointing to her husband as the murderer were credible, the High Court heard yesterday.

Grace Livingstone was shot dead at her north Dublin home on December 7, 1992, and mystery still surrounds the identity of her killer.

In mid-1994, a review of the original murder inquiry was carried out by Superintendent Tom Connolly and given to the Garda’s crime and security branch.

The likelihood James Livingstone had murdered his wife were “very slim”, the review found.

A strange youth, of slim build, with shoulder-length hair, a long coat and dark boots, was spotted on the road, the Moorings, on the day of the killing. Four local women had heard a bang like a gunshot at about 4.30pm, before Mr Livingstone returned home from work and found his wife’s bloody body. No firearm residue was found on Mr Livingstone’s clothing, the court heard.

In the absence of credible evidence, Supt Connolly concluded Mr Livingstone had not murdered his wife. It was crucial to identify a strange youth seen on the day and a car spotted speeding away from Malahide.

John Rogers SC, for Mr Livingstone, noted a lack of ballistic evidence against his client should have been a “crucial factor” in eliminating him from suspicion.

Liam Reidy SC, for the Minister for Justice, claimed part of the review was based on an “erroneous assessment of facts”.

But the court heard how Mr Livingstone was arrested on March 3, 1993, and “interrogated abusively” by gardaí. The senior tax inspector was arrested for the unlawful possession of a firearm with intent. The line of questioning, however, turned to the murder of his wife, the court has heard.

Mr Livingstone is taking a case against the state for negligent duty on behalf of gardaí and false imprisonment. His barrister yesterday said Mr Livingstone’s arrest had been an abuse to publicly embarrass him. It was an “intentional infliction of emotional suffering” that was intended to “break” him psychologically, Mr Rogers added, and cause the tax inspector “emotional distress”.

The court heard how gardaí had identified suspects who on the day of the murder were selling cards for the Epilepsy Association. They were not officially sanctioned as sellers on the day, the court heard, and in fact some had convictions for burglary and traffic offences. The association had agreed to interview 114 sellers and gardaí had taken fingerprints and photos of suspects.

Shane Murphy SC, who is defending the Attorney General in the case, argued against Mr Livingstone’s claim that gardaí were negligent in their duty. There was no precedent gardaí were shown to owe a duty of care to a suspect or victim, the court heard.

The case continues today.