A major review of the courts system, Garda resources in Limerick and the law has been promised by the Minister for Justice, Mr McDowell, in the wake of the dramatic collapse of the murder trial of Limerick man Liam Keane in the Central Criminal Court yesterday.
Mr Keane walked free from court after the Director of Public Prosecutions directed that a nolle prosequi be entered after key prosecution witness Roy Behan denied making statements identifying the accused as the killer.
Mr Behan was the sixth prosecution witness in the trial to deny making such statements identifying Mr Keane as the murderer.
Mr Keane (19), of Ballysimon, Co Limerick, had pleaded not guilty to the murder of Mr Eric Leamy (19) in Limerick in August 2001.
Mr Justice Carney said he had never before encountered the likes of what happened in the trial, and he directed that the transcript of this and an earlier, related trial be sent to the Director of Public Prosecutions.
In a statement last night Mr McDowell said that since the DPP had entered a nolle prosequi in advance of any decision by the Central Criminal Court on the facts of the case, the criminal process was not terminated or exhausted.
"It would be inappropriate for me to comment in any way which might prejudice any future trial," the Minister said.
However, he added: "As the Minister with responsibility for the criminal justice system it is appropriate for me, in the light of recent events, to view the adequacy of legislative provisions, resource allocation and administrative practice, to see whether and what changes are required, and to consult with all the appropriate persons and organisations involved in the criminal justice system."
Legal sources last night confirmed to The Irish Times that Mr Keane could be tried again for the murder of Mr Leamy if circumstances changed, including the failure of the witnesses to support their statements given to gardaí.
Mr Leamy's parents were last night described as "emotionally distraught" after the outcome of yesterday's trial.
"They are completely drained and emotionally distraught," said one source close to the family.
The couple travelled home by train to Limerick after being comforted by members of the Victim Support Group in Dublin.
Mr Leamy worked at Tesco's supermarket in Limerick city.
The Fine Gael justice spokesman, Waterford TD Mr John Deasy, called on Mr McDowell to launch an immediate investigation into the protection of witnesses in cases involving gangland murders.
The Garda Síochána must set up a heavily armed organised crime unit "to take on" criminal gangs, he said.
"There are 40 of these gangs operating in Dublin as it is. And they are going to become more violent. Many of them are on drugs and are unstable.
"We have gardaí going out with .38 revolvers. Gardaí are going to end up getting killed on duty unless the Minister and the new Garda Commissioner takes action.
"Two weeks ago a court in Limerick was unable to assemble a jury of 12 because potential jurors feared for their safety.
"Now we have witnessed the spectacle of prosecution witnesses repeatedly failing to substantiate statements previously made by them to gardaí.
"The Minister needs to identify the reasons why these witnesses were unprepared to testify against the accused murderer.
"Organised crime is subverting our criminal justice system and this Government seems unwilling to do anything about it."
Labour TD Mr Joe Costello said the outcome of the Keane case was "extraordinary".
"This is an unprecedented phenomenon," he declared.
He said he did not favour the use of the non-jury Special Criminal Court for gangland cases.
"That would really be an admission of failure that we would have to use such special legislation for this type of crime."
