Statement by senior garda 'deliberately misleading'

JAMES LIVINGSTONE'S legal team yesterday accused a detective who investigated Mr Livingstone's wife's murder of making a "deliberately misleading" statement about the case.

John Rogers SC, for Mr Livingstone, said that, in a statement made by Det Sgt Cathal Cryan, the garda had claimed he did not realise the extent nor the significance of Mr Livingstone's gun collection at the start of the investigation. This appeared to justify the arrest of Mr Livingstone in connection with unlicensed firearms, three months after his wife's murder.

However, Mr Rogers said that gardaí were told about seven guns owned by Mr Livingstone on the day of the murder, three of which were unlicensed. A search of the home on December 11th uncovered an unlicensed antique revolver, in poor condition, in the garden shed.

He asked why gardaí then waited three months to arrest Mr Livingstone and search the house again, as nothing new had emerged in the interval.

Mr Rogers said the arrest on March 3rd was "completely unwarranted" and not justified by what was known by gardaí at the time.

He claimed Det Sgt Cryan had put matters in his statement which misled anybody reading it. "And we are saying that very important questions have to be answered."

In November 1993, Mr Livingstone pleaded guilt to the unlawful possession of a firearm and received a monetary fine.

Asked by Mr Justice John Mac Menamin about the State's approach to Mr Livingstone's action, Liam Reidy SC, for the Minister for Justice, said: "Mr Livingstone is entitled to a presumption of innocence." He added that the file on the case remained open.

Ann Egan, a next-door neighbour of the Livingstones, told of hearing a "very loud, booming noise" at about 4.20pm on the day of the murder. Gardaí later re-enacted the scene by discharging a shotgun. Ms Egan said the noise was similar to that heard on the day of the murder.