McCabe's killer was a top man in IRA, say gardai

The man who gardai believe fired the shots that killed Det Garda Jerry McCabe was one of the most senior IRA figures in the Republic…

The man who gardai believe fired the shots that killed Det Garda Jerry McCabe was one of the most senior IRA figures in the Republic at the time. He was the top IRA figure in Limerick and regarded as No 2 in Munster.

Kevin Walsh, who last night began a 14-year prison sentence for manslaughter, had a loaded pistol on him when arrested. In his bedroom of the farmhouse in Mullagh, Co Cavan, was an AK47 assault rifle, the type of gun used to kill Det Garda McCabe, and two full magazines.

At the time of the raid the IRA denied any involvement. However, Walsh was later promoted within the organisation.

Yesterday Mr Martin McGuinness of Sinn Fein expressed confidence that Walsh and the others convicted of the killing - Pearse McCauley, who also got 14 years; Jeremiah Sheehy, who got 12 years; and Michael O'Neill, who got 11 years - would qualify for early release under the Belfast Agreement. If so, they could be freed within two years.

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"I believe that they will qualify," Mr McGuinness told RTE radio. "I know there's a difficulty at the moment because there's a wide-ranging debate in the South about the events of this week . . . We should approach this in a very cool, calm and collected fashion." But the Taoiseach sought to rule out firmly any early release for the killers. During a visit to Armagh Mr Ahern said he had legal advice that they did not come under the scheme and would serve their sentences.

Commenting on the sentences imposed by the Special Criminal Court, he said he was glad the "murderers" had been brought to justice.

Asked why he used the term "murder", Mr Ahern said: "Jerry McCabe was murdered as far I'm concerned." Government sources added that any legal action to try and have them freed early would be "vigorously opposed".

But the North's First Minister, Mr David Trimble, said: "I think the double standards that are being played here will only cause hurt."

His spokesman said Mr Trimble was reflecting growing unionist unease at the Government's apparently tough line on the murder of gardai while it was not prepared to adopt such a stance in relation to those released early for murders in the North, including the murders of RUC officers.

Under the agreement paramilitary prisoners convicted of offences committed before April 9th last year, when the agreement was signed, are due for release within two years. However, Government sources pointed out that under the terms of the Criminal Justice (Release of Prisoners) Act, which governs the amnesty for so-called political prisoners, the Minister for Justice has to recommend prisoners for release to a three-member commission.

It was made emphatically clear that Det Garda McCabe's killers would not have their names put forward to the commission. The commission comprises the senior barrister, Mr Eamon Leahy; the head of the Probation Service, Mr Martin Tansey; and the Assistant Secretary in charge of prisons in the Department of Justice, Mr Michael Mellett.

In a statement after sentencing, Det Garda McCabe's family said their "most heartfelt thanks go to the gardai for their single-minded pursuit of those who admitted their responsibility for taking the life of Jerry McCabe".

It continued: "It is a matter of pride that Jerry's Garda colleagues in Limerick never rested until his killers were brought to justice. The family also extends gratitude to all those involved in the successful prosecution of the case."

Mr Justice Johnston, in passing sentence, noted that Walsh had shown no sign of regret.