Garda McCabe Murder Trial

Sir, - I write in response to the letter from Finbar Cullen (February 22nd)

Sir, - I write in response to the letter from Finbar Cullen (February 22nd). Almost three years after the murder of Detective Garda Jerry McCabe, it seems there are still individuals prepared to belittle and excuse this atrocity. I hesitated to engage in this correspondence as I experienced firsthand the pain and heartbreak of the McCabe and O'Sullivan families after the event. I was at the time curate in Limerick city parish and Church of Ireland chaplain to Limerick Regional Hospital, where both men were brought, one in a body bag. I was in the hospital that terrible morning when numerous gardai, some in tears, others in stunned silence, awaited anxiously the fate of Jerry's partner, Ben O'Sullivan. I saw the horror inflicted by a "robbery gone wrong" and it will always remain with me. It is because of this that I cannot let Mr Cullen's remarks go unanswered.

He finds it hard to see how such an event could threaten the State or society in Ireland. It is my understanding that gardai are guardians of the peace and as such are responsible for maintaining conditions within which we can live in relative harmony and safety. In what other way can you interpret an attack on gardai other than as an attack on the State itself? Mr Cullen, then, in an attempt to dissociate the IRA from this murder, quotes IRA standing orders which prohibit armed action against the forces of the State, orders which by his own admission exist for pragmatic rather than principled reasons. Whatever the official position of the IRA, all such terrorist organisations bear responsibility for the actions of their members whom they have armed and trained for such murderous missions.

As to the suggestion that the refusal of the Taoiseach and others to accept the manslaughter verdicts undermines the integrity of the judicial process, one has to ask what place witness intimidation has in the same judicial process. And yes, in the light of the Good Friday Agreement, it would be preferable if such cases could be heard in front of a jury, but I wonder who could serve on such a jury and live the rest of their lives looking over their shoulder. Jury trial may be a hallmark of democratic societies but so too is the right to live a life without fear of intimidation. Extraordinary situations call for extraordinary measures, and certainly nothing was more extraordinary than the farce which marked the latter stages of the McCabe murder trial.

In the light of what happened we have to ask what we can do to redeem the situation for the members of the Garda who continue to defend our peace while increasingly uncertain of the protection that the courts will be able to afford them. The very least we owe them is justice when they have given their lives in the line of duty. The sentiments expressed by our Taoiseach and others after the verdicts were an attempt to right the wrong, to do justice to the memory of Jerry McCabe - a justice which our judicial system failed miserably to provide.

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While we now face the prospect of the early release of these men, we must not forget that our anger and hurt is being duplicated hundreds of times over north of the Border. The families of murdered police and soldiers meet their killers walking the streets as free men and women. If one such case causes such outcry here, think what it must be like multiplied a thousandfold. The biggest threat to the future of our society is the collapse of the whole justice system and with the McCabe trial we moved one step closer to the brink. If nothing else, perhaps it will give us some small idea of what sacrifices are being made on both sides of the community in Northern Ireland and just how finely balanced the future is. If there is to be any hope of lasting peace, we must not ignore the hurt caused by these releases. If it is allowed to fester it will be the undoing of us all! - Yours, etc., Stephen Neill,

Modreeny Rectory, Cloughjordan, Co Tipperary.