Old Cabra Road murder trial collapses

A murder trial which heard allegations of witness intimidation dramatically collapsed at the Central Criminal Court today when the Director of Public Prosecutions entered a nolle prosecqui.

Declan Curran, aged 24, of Cardiffsbridge Avenue, Finglas, Dublin, denies the murder of William O'Regan, aged 33, at his home on the Old Cabra Road, Dublin, on June 12, 2003.

It was the third day of the trial of Mr Curran, who had pleaded not guilty to the murder. Acceding to the prosecution’s application to formally withdraw the murder charge, Mr Justice Paul Butler noted that the key prosecution witness, 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 William O’Regan.

The court heard that she was under round-the-clock Garda protection. The court also heard that two gunmen 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 gardaí and also that she could not recall crucial details linking the accused to the murder of Willie O'Regan.

She was treated as a hostile witness. Ms Mahon had 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 said the prosecution, having put forward no evidence, cannot enter a nolle now "in the hope of re-activiating this particular prosecution in the future" ands that to do so would offend against the principle of double jeopardy.

Counsel added that Justice Butler had the opportunity of assessing the witness’s demeanor in the witness box where "she came across as a very relaxed person". The judge then interrupted by saying that Ms Mahon had given every indication "of someone under severe pressure".

A nolle prosequi leaves the DPP at liberty to re-enter the charge at a later date.

Discharging the jury, Mr Justice Butler reminded the court that this case involved "the brutal slaying" of a person and he extended his sympathies to the family of William O’Regan.

Ms Mahon left the court hurriedly after the case collapsed. Throughout the trial, she had been followed closely by two detectives.

Yesterday, the court heard that Ms Mahon made the statements days after her friend's body was found dumped at Scribblestown, north Dublin last October.

Prosecuting counsel had suggested to her that she retracted her statements because she was "scared witless".

"Didn't two men come into the house in England with guns?" he asked.

"I was on crack cocaine so…that's what I thought I saw," Ms Mahon replied, adding that she may have been "hallucinating".

Counsel put it to the witness that she rang 999 immediately after the incident: "You were scared out of your wits, I suggest to you."

"I got a fright that night. I don't know whether or not I was hallucinating, but I got a fright," she said.

Earlier, counsel put it to Ms Mahon that she made her statements on October 17 and 18 after her friend 'Podge' Sheridan disappeared and his body was found in Scribblestown on October 6.

Counsel suggested she was sickened by this killing. "Too many people were being killed and you came clean about the William O'Regan killing," he suggested. "You were in fear of what may happen to you."

Counsel further suggested that after Mr Sheridan was found dead Ms Mahon had told gardaí: "I'm afraid for my life but I'll give evidence in court if I have to."

"No," Ms Mahon replied. "I made it up. I lied."

She told the court that she was under Garda protection but denied suggestions that she had requested it.

The court has heard that the deceased man was shot in the head and his hand was left hanging off after two masked gunmen burst into his flat and fired five shots. The deceased man had been watching a video with his partner when he was shot.