A sheriff who was badly injured in a shooting during the eviction of a man three years ago told the High Court yesterday that gardai had never passed on a warning to him.
He claimed he was never informed by gardai that they had received a letter warning that the man had a cache of weapons in the house.
Cavan county registrar and sheriff, Mr Thomas Owens, said if this information had come to his notice he certainly would not have proceeded with the eviction without further consultation with gardai. The eviction of Mr Gerrit Isenborger occurred in Co Cavan two years ago.
Mr Owens was giving evidence on the second day of a libel action by Det Supt Patrick Browne (47), who is suing the Sunday Tribune newspaper over an article it published on May 31st, 1998, under the headline "Gardai warned about German man's `arsenal' ".
Det Supt Browne said the article meant he had neglected to investigate a serious complaint about Mr Isenborger. The newspaper admits it published the article but denies it identified the superintendent or that the words contained the meanings claimed.
Mr Owens described how on arrival at the house in the Ballyconnell area to evict Mr Isenborger, the German national asked for a few minutes to discuss the matter with his mother, who had terminal cancer.
The sheriff walked away and was half-way across the road when he heard two shots. He turned and saw Mr Isenborger standing at the door.
"I moved to the right to take cover and at that moment I was hit in the elbow," he said. Two other men were also injured. His left elbow was almost completely destroyed by the shot.
He did not become aware until some time after the event that gardai had been warned about Mr Isenborger having arms in the house. "I was surprised that I hadn't been informed", he said.
Giving evidence, Det Supt Browne said he was permitted to order a search of a house if he was of the opinion that reasonable grounds existed for supposing a crime had been or was being committed.
But when he received a letter from solicitors Walter P. Toolan and Sons in October 1996 suggesting he conduct an investigation into allegations that illegal guns could be found in Mr Isenborger's home, he did not order a search because he did not have reasonable grounds.
He took the allegation in the letter seriously and wrote back saying he needed detailed knowledge before he could apply for a search warrant.
The court has been told that following a siege in Ballyconnell, several months after he received the letter, a collection of guns and ammunition belonging to Mr Isenborger were found.
Mrs Ann Marie Browne, wife of the plaintiff, said both she and her husband were very upset by the Sunday Tribune article.
Solicitor Mr Gabriel Toolan said he wrote the letter to the superintendent on behalf of his client, Mr Michael Hehle, on October 17th, 1996, telling him about a cache of arms in Mr Isenborger's home. He thought gardai would talk to Mr Isenborger or Mr Hehle.
He heard of the shooting in Ballyconnell on January 15th, 1997 and could not believe what was happening. i No garda had come to him and said they got it wrong. He was extremely disappointed with the Garda response to his warning letter. He saw Det Supt Browne's letter of response as a "brush-off".
The case before Mr Justice Kearns and a jury concludes today and a verdict is expected this evening.