Man begins appeal of Guerin murder conviction

A Dublin man jailed for life for the murder of journalist Veronica Guerin has begun an appeal against his conviction.

A Dublin man jailed for life for the murder of journalist Veronica Guerin has begun an appeal against his conviction.

Paul Ward (37), a native of Crumlin with an address at Walkinstown, Dublin, was convicted in November 1998 by the non-jury Special Criminal Court of the murder of Ms Guerin (36), at Naas Road, Clondalkin.

The Sunday Independentjournalist was shot dead by a gunman on a motorbike which pulled up alongside her as she sat in her car at traffic lights.

At his trial, the prosecution claimed Ward was a member of a gang which planned and carried out the killing. It was also contended Ward disposed of the murder weapon and of a motorcycle after the killers called to his house.

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Ward’s appeal was listed before the Court of Criminal Appeal for hearing today and is set to last four days.

Ward has filed some 32 grounds of appeal, the vast majority of which challenge the evidence given by State witness Charles Bowden at Ward’s trial.

In his appeal, Ward will argue the evidence of Bowden was so unreliable the Special Criminal Court(SCC) should not have acted on it without corroboration and should have acquitted Ward on the ground that "no reasonable tribunal of fact" could properly convict on such evidence and because the charge against Ward had not been proven beyond reasonable doubt.

He also contends the SCC failed to give sufficient weight to the danger inherent in Bowden’s situation when giving evidence in that Bowden had an interest in ensuring every member of the drug gang was convicted and jailed so as to remove them, including Ward, as potential threats to Bowden’s own safety.

Opposing the application, Mr Peter Charleton SC, for the DPP, said it could not be argued that, if a witness whose evidence led to one person’s conviction is later disbelieved by another court in the trial of another person, that this could lead to the first person’s conviction being quashed.

He also argued there was nothing material to Ward’s appeal in Bowden’s evidence given during either the Meehan or Gilligan trials.

The issue was whether the court might rely for one criminal trial on something that happened in a subsequent criminal trial, counsel said. The answer was No.

After considering the application, Mr Justice Francis Murphy, presiding, sitting with Mr Justice O Caoimh and Mr Justice McKechnie, said the court would allow Ward to refer to certain parts of the transcripts of the trials of Gilligan and Meehan.

The hearing continues tomorrow.

Mary Carolan

Mary Carolan

Mary Carolan is the Legal Affairs Correspondent of the Irish Times