A "vulnerable" witness who gave evidence at a trial in which three people were convicted of a gangland murder has received no guarantees and has no formal agreement with the State in relation to her future security and finances, the Special Criminal Court has heard.
Mary McDonnell, who is expected to give evidence at the trial of a fourth man accused of the same murder, was given immunity from prosecution when she agreed to give evidence but was deemed unsuitable for the official Witness Protection Programme.
On Friday at the trial of Thomas McConnell, who denies murdering Gareth Hutch, Garda liaison officer Sgt Fergal Finnegan said the arrangement with Ms McDonnell is "informal".
He agreed with Mr McConnell's defence counsel that there are "no protocols or written arrangements" in place and "nothing in writing to give her [Ms McDonnell] security or confidence" about what will happen once Mr McConnell's trial is finished.
Sgt Finnegan said he has never suggested to Ms McDonnell that the continuation of her protection, accommodation and welfare are linked to her giving evidence.
Sgt Aoife Reilly, a former liaison officer who worked with Ms McDonnell until 2018, accepted that Ms McDonnell is "vulnerable" but denied a suggestion by defence counsel Patrick McGrath SC that there is an "unsatisfactory" risk that she might believe her continued security and State-paid accommodation depends on her giving evidence.
Sgt Reilly said: "I completely object to that. Anything she is saying, she is saying freely. No commitments were made by me or anyone else in relation to that."
Sgt Reilly also told prosecution counsel, Fiona Murphy SC, that gardaí have a duty of care to protect Ms McDonnell and her family "for as long as that is required". She said the same protection would be provided to any citizen who needs it based on a risk assessment.
The apartment in which Ms McDonnell lives is the same size and style as the one she lived in prior to giving a statement in relation to the death of Mr Hutch, and she is paid what she would be entitled to if she were receiving social welfare, the witness said.
Sgt Reilly said that when the financial arrangement with gardaí ends, Ms McDonnell will be entitled to social welfare and rent allowance in the normal way from the Department of Social Welfare. Her security will continue to be provided by gardai based on an assessment of the risk to her and her family.
Shooting
Mr McConnell (37) of Sillogue Gardens, Ballymun, Dublin 11, has pleaded not guilty to the murder of Gareth Hutch (36) on May 24th, 2016, at Avondale House, North Cumberland Street, Dublin 1. Gareth Hutch was a nephew of Gerry 'The Monk' Hutch.
At the opening of the trial, Ms Murphy said the prosecution's case is that one of the men convicted of the murder, Jonathan Keogh, was with the accused Thomas McConnell in Ms McDonnell's apartment on the morning of the murder.
She said Mr McConnell watched Gareth Hutch's apartment from a window in Ms McDonnell's home and when Mr Hutch emerged, the accused signalled to Keogh by saying "we're on".
Ms Murphy said Mr McConnell and Keogh followed Gareth Hutch and shot him multiple times, killing him just a short distance from his front door.
Ms McDonnell was initially arrested on suspicion of involvement in the murder but agreed to give a statement. She was granted immunity from prosecution but was deemed unsuitable for the Witness Protection Programme.
Sgt Reilly told Mr McGrath that since late 2017, Ms McDonnell's security has been provided by gardaí at district level. Her rent and entitlements are paid by An Garda Síochána at the same rate as she would be entitled to through social welfare.
Sgt Reilly said she would have told Ms McDonnell that her entitlements were not dependent on her giving evidence, although she added she could not say when she said this to Ms McDonnell and did not have a note of ever saying it.
She agreed that the situation with Ms McDonnell is "fluid", explaining there are no protocols and there is "a degree of uncertainty, instability and insecurity" about it.
Mr McGrath asked if Ms McDonnell was being protected "as long as she gives evidence for the State in this trial", to which Sgt Reilly replied: "No, I would not say that, there is a duty of care on our part, there was a risk to her safety and to her children’s safety and from our perspective we have a duty of care."
She said no commitments were made to Ms McDonnell and she is "giving evidence freely in relation to this trial".
Sgt Finnegan told Mr McGrath that he never suggested to Ms McDonnell that her protection or living conditions were linked to her giving evidence. He said he has never been asked to give Ms McDonnell an assurance about her future.
The trial continues before Mr Justice Alex Owens, Judge Elma Sheahan and Judge David McHugh.
In November 2018, the Special Criminal Court found Regina Keogh of Cumberland St North, Dublin 1, Jonathan Keogh, with an address at Gloucester Place, Dublin 1, and Thomas Fox (31), with an address at Rutland Court, Dublin 1, guilty of the murder of Gareth Hutch.
