The Special Criminal Court yesterday sentenced four men to jail terms ranging from 11 to 14 years for the manslaughter of Det Garda Jerry McCabe, who was shot dead during an abortive post office van robbery in Adare, Co Limerick, in 1996. A fifth man was jailed for six years for conspiring to commit a robbery in Adare in June 1996.
Mr Justice Johnson, presiding, congratulated the gardai for their work on the investigation and criticised public comments made on the case. The judge said the court considered that the public comments which followed the guilty pleas on Wednesday "did nothing to serve either the interests of the law as it stands or justice.
"The court also considers that it is inappropriate to comment publicly on sentence until the facts have been ascertained, the pleas and mitigation heard and the sentence passed," the judge said.
The five men were impassive as the sentences were handed down, but Pearse McCauley smiled briefly as he was led from the dock. The court heard during the 16-day trial that Det Garda McCabe (52), a father of five, died in a hail of 15 bullets fired from a single Kalashnikov assault rifle after robbers rammed an unmarked Garda patrol car escorting a post office van delivering £80,000 to Limerick post offices.
The four men who pleaded guilty to manslaughter are Pearse McCauley (34), from Strabane, Co Tyrone; and three Co Limerick men, Jeremiah Sheehy (38), of Abbey Park, Rathkeale; Michael O'Neill (47), of Lisheen Park, Patrickswell; and Kevin Walsh (42), also of Lisheen Park, Patrickswell. They also pleaded guilty to maliciously wounding Det Garda Ben O'Sullivan and having firearms intending to rob in Adare on June 7th, 1996.
A fifth man, John Quinn (31), of Faha, Patrickswell, admitted conspiring to commit a robbery in Adare.
McCauley and Walsh were each jailed for 14 years, Sheehy for 12 years and O'Neill for 11 years for the manslaughter of Det Garda McCabe. All four were also each jailed for five years for maliciously wounding Det Garda O'Sullivan and five years for possession of firearms with intent to rob.
The court ordered all sentences to run concurrently and to date from yesterday. Quinn was jailed for six years.
Sentencing the men, Mr Justice Johnson said the court and everyone else knew the circumstances surrounding this incident, which resulted in the death of Det McCabe and the wounding of Det O'Sullivan. Dealing with Quinn, the judge said his role was "minor but essential".
"In the course of the last three weeks many insinuations have been made against the guards in the course of a long, detailed cross-examination on behalf of Mr Quinn. It should be pointed out that in the course of his detention Mr Quinn visited hospital on no less than four occasions and was examined by no fewer than four doctors before he came to Dublin and was in the presence of numerous ambulance men and other medical auxiliaries.
"At no stage did he make any complaint to any one of them regarding his treatment by the gardai. The court is satisfied, having heard the evidence, that Mr Quinn was treated whilst in custody strictly in accordance with law and with the utmost professionalism, despite the fact that at that particular time the gardai must have been under immense pressure.
"The guards, in our view, acted with patience and professionalism during the questioning and detention of Mr Quinn."
Dealing with the other four, he said manslaughter was an offence that varied from death resulting from serious negligence upwards. "This case, quite clearly, is one of the most serious forms of manslaughter. The robbery, in the course of which the offences to which the pleas of guilty have been entered, was well planned and carried out with military precision. The tragic results of these crimes were eloquently described in the evidence of Det Insp Kerin and clearly seen in the evidence of Det Garda O'Sullivan.
"The prosecution indicated that there was no evidence to establish a case for a charge of murder, capital or otherwise, and there is no evidence to attach to any person a specific role in the events which took place, including the firing of the gun. Therefore, it is the intent of the State to treat all four accused on equal terms. The court adopts this approach."
Mr Justice Johnson said Sheehy, O'Neill and McCauley had expressed regret for the death, but the court "noted the fact that no regret regarding the death of Det Garda McCabe or the wounding of Det Garda O'Sullivan" was expressed by Walsh or on his behalf. The judge said the court had taken into account charges against McCauley and Walsh relating to events in Co Cavan on other occasions.
The court also yesterday freed a Co Tipperary farmer who was jailed for 18 months during the trial for contempt of court after he declined to give evidence. Mr Justice Johnson told Mr Patrick Harty (53), an unmarried farmer, of Clonolea, Toomevara, the court had considered submissions made on his behalf on Wednesday by his solicitor, Ms Liz McGrath, and accepted he had purged his contempt.
The judge said Mr Harty had been "extremely well served by the eloquence and good advice of Ms McGrath".
Mr Harty thanked the court as he left the dock.