Gilligan talks about Veronica

John Gilligan challenges the Special Criminal Court's findings on his motivation for the murder of Veronica Guerin. By Vincent Browne

'I had no reason to do anything to Veronica Guerin. That lady never wrote a word about me and I challenge anyone to produce a single story she wrote about me. I had no reason to do any harm to her whatsoever.

"The Special Criminal Court said in the Paul Ward case the motivation for killing Veronica Guerin was to get her out of the way before she gave evidence against me in the case that arose from her visit to my house [on 14 September 2005] following which I was charged with assault. But how could that be? That case came up for hearing twice at Kilcock, in front of Judge John Brophy, before she was murdered. I arrived at the court with my witnesses and she arrived with her witnesses. The case was to go ahead both times but for reasons that had nothing to do with me, the cases were adjourned. In fact I demanded on the second occasion that the case go ahead but the judge would not agree because he said he was biased having seen a file which had listed my previous convictions. I didn't care about that, I wanted the case to go ahead and that is on the record.

"So how could it be that I organised for her to be murdered to prevent her giving evidence against me? I wanted that case to go ahead. If the motivation for killing her was to stop her giving evidence against me, surely she would have been killed before the first day the case was listed for hearing."

John Gilligan said this in an interview with Village at Portlaoise prison earlier this year and in subsequent phone conversations. He was adamant he had nothing to do with the killing of Veronica Guerin. He said he did not know who was responsible – he suggested two other people who might have had a motive for killing her, but emphasised he did not know.

He said he was willing at all times to make himself available for interview by the gardaí over the murder of Veronica Guerin. "If I had been responsible for her murder or had had any part in her murder, would I voluntarily have returned to Dublin to be interviewed by gardaí about this?"

He said he had been contacted by Detective Superintendent Martin Ryan while he [Gilligan] was in Holland and he arranged to return to Dublin to be interviewed. He said Detective Superintendent Ryan asked him to phone once he arrived at Dublin airport and he [Gilligan] agreed to do that. An arrangement was made for Detective Superintendent Ryan to come to him that evening at Jessbrook, Co Kildare.

According to Gilligan, Detective Superintendent Ryan phoned him at his home around 7pm that evening and said he [Ryan] would not keep the arrangement as there had been a murder in Dublin. They arranged to meet in Scott's restaurant in Castleknock, Co Dublin, the following day and on doing that he [Gilligan] was brought to Santry garda station and questioned by Detective Superintendent Ryan and Garda Tom Gallagher of Coolock garda station. He said he was interviewed for two-and-a-half hours before leaving the garda station.

Another crucial piece of evidence against John Gilligan was an alleged phone call he made to Veronica Guerin on the day after the incident at Gilligan's home at Jessbrook, in the offices of barrister Felix McElroy. This was on Friday 15 September 1995. According to a statement made by Veronica Guerin, an associate of Gilligan and one of her sources in the criminal world, John Traynor, phoned her in McElroy's presence shortly before 1pm. The statement says Traynor spoke to her about the incident of the previous day and then Gilligan grabbed the phone. Veronica hung up. According to the statement, five minutes later Gilligan himself phoned and this time Felix McElroy listened to the conversation. According to the statement, the person on the phone said: "If you do one thing on me or write about me I am going to kidnap your son and ride him. I am going to shoot you. Do you understand what I am saying? I am going to kidnap your fucking son and ride him and I am going to fucking shoot you. I will kill you." A statement on these exchanges was composed over several hours by Felix McElroy, Veronica Guerin and two other solicitors. This statement was given to the gardaí later that evening.

Asked about this phone call, John Gilligan said in an interview with Village: "I never spoke to Veronica Guerin on the phone. Then or any other time. The evidence concerning the phone calls was that John Traynor made one phone call to Veronica Guerin before 1pm that day. There was no evidence that any other phone call was made and repeatedly in my trial the judge [the presiding judge in the Special Criminal Court, Diarmuid O'Donovan] asked for the evidence that this second call was made. No such evidence was ever produced."

In evidence, Felix McElroy said he was certain the voice he heard on Veronica Guerin's phone was that of John Gilligan, whom he had represented on a previous occasion. Asked why he did not give a statement to the gardaí McElroy said he thought Veronica Guerin's statement was sufficient.

The Special Criminal Court, in its judgement in the John Gilligan case, stated: "The court has no doubt but that the accused [John Gilligan] used those actual words [the words attributed to him in evidence by Felix McElroy]. It continued: "If the court had any reservations about the matter which, in fact, it does not, any such reservations would be allayed by the evidence of Ms Elizabeth Allen [the crime reporter who succeeded Veronica Guerin at the Sunday Independent] ... that, in an interview with [Gilligan] on 1 July 1996 [ie after the murder of Veronica Guerin] he admitted that he had threatened Veronica Guerin and that he had threatened members of her family... [He] also told Ms Allen that he had made those threats because he was angry, that he did not mean them and that he had nothing whatsoever to do with the death of Veronica Guerin."

Asked about the series of phone calls that were made immediately before and immediately after Veronica Guerin's murder to him [Gilligan] by Brian Meehan, who is now appealing his conviction for the murder of Veronica Guerin, and Russell Warren, who was involved in the murder and allegedly was at Naas courthouse observing Veronica Guerin immediately before the murder, Gilligan said he had no phone contact with Brian Meehan that day until around 3.30pm when Meehan phoned him to say the Evening Herald was alleging he [Gilligan] had instigated the murder.

Regarding the other evidence of phone contacts, the Special Criminal Court found that a phone call was made from a mobile phone habitually used by Russell Warren to a mobile phone habitually used by John Gilligan three minutes after the murder of Veronica Guerin. However, the court found that this did not establish that John Gilligan was involved in the murder. In the interview with Village Gilligan denied any phone contact between him and Russell Warren that day and claimed no records were produced to show that such contact took place – he said the presiding judge (Diarmuid O'Donovan) acknowledged this in his judgement.

This is not so. The judgement states that this call did take place.

The judgement also stated there was a call from John Gilligan's phone to Russell Warren's phone at the time that Veronica Guerin was leaving Naas courthouse and found this to be "an amazing coincidence". pphoned and this time Felix McElroy listened to the conversation. According to the statement, the person on the phone said: "If you do one thing on me or write about me I am going to kidnap your son and ride him. I am going to shoot you. Do you understand what I am saying? I am going to kidnap your fucking son and ride him and I am going to fucking shoot you. I will kill you."

A statement on these exchanges was composed over several hours by Felix McElroy, Veronica Guerin and two solicitors who joined them. This statement was given to the gardaí later that evening.

Asked about this phone call, John Gilligan said in an interview with Village: "I never spoke to Veronica Guerin on the phone. Then or any other time. The evidence concerning the phone calls was that John Traynor made one phone call to Veronica Guerin before 1pm that day. There was no evidence that any other phone call was made and repeatedly in my trial the judge [the presiding judge in the Special Criminal Court, Diarmuid O'Donovan] asked for the evidence that this second call was made. No such evidence was ever produced."

In evidence, Felix McElroy said he was certain the voice he heard on Veronica Guerin's phone was that of John Gilligan, whom he had represented on a previous occasion. Asked why he did not give a statement to the gardaí McElroy said he thought Veronica Guerin's statement was sufficient.

The Special Criminal Court, in its judgement in the John Gilligan case, stated: "The court has no doubt but that the accused [John Gilligan] used those actual words [the words attributed to him in evidence by Felix McElroy]. It continued: "If the court had any reservations about the matter which, in fact, it does not, any such reservations would be allayed by the evidence of Ms Elizabeth Allen [the crime reporter who succeeded Veronica Guerin at the Sunday Independent] ... that, in an interview with [Gilligan] on 1 July 1996 [ie after the murder of Veronica Guerin] he admitted that he had threatened Veronica Guerin and that he had threatened members of her family... [He] also told Ms Allen that he had made those threats because he was angry, that he did not mean them and that he had nothing whatsoever to do with the death of Veronica Guerin."

Asked about the series of phone calls that were made immediately before and immediately after Veronica Guerin's murder to him [Gilligan] by Brian Meehan, who is now appealing his conviction for the murder of Veronica Guerin, and Russell Warren, who was involved in the murder and allegedly was at Naas courthouse observing Veronica Guerin immediately before the murder, Gilligan said he had no phone contact with Brian Meehan that day until around 3.30pm when Meehan phoned him to say the Evening Herald was alleging he [Gilligan] had instigated the murder.

Regarding the other evidence of phone contacts, the Special Criminal Court found that a phone call was made from a mobile phone habitually used by Russell Warren to a mobile phone habitually used by John Gilligan three minutes after the murder of Veronica Guerin. However, the court found that this did not establish that John Gilligan was involved in the murder. In the interview with Village Gilligan denied any phone contact between him and Russell Warren that day and claimed no records were produced to show that such contact took place – he said the presiding judge (Diarmuid O'Donovan) acknowledged this in his judgement.

This is not so. The judgement states that this call did take place.

The judgement also stated there was a call from John Gilligan's phone to Russell Warren's phone just at the time that Veronica Guerin was leaving Naas courthouse and found this to be "an amazing coincidence".

Why was Veronica murdered?

John Gilligan has done damage to the motivation theory for the murder of Veronica Guerin. The theory being that he had her murdered to prevent her giving evidence against him in an assault case (see panel on opposite page). She could have given evidence against him twice before she was murdered, which suggests that if he wanted to prevent that evidence being given he would have had her murdered before she was first to testify. It does not mean of course that he did not have her murdered for some other reason but the reason given by the Special Criminal Court is unlikely to be true.

Gilligan insists he did not make the phone call to Veronica Guerin on the day after he assaulted her on 14 September 1995 – this was the phone call in which allegedly he threatened to kill her and sodomise her child. To believe him on this issue one would have to disbelieve Veronica Guerin's own statement to the gardaí, the evidence of a barrister, Felix McElroy, who overheard the conversation, and the evidence of another journalist, Liz Allen, who says Gilligan acknowledged to her that he had made this call and these threats. But disbelieving Gilligan on this score does not "prove" he murdered Veronica Guerin.

There is also the question of the curious phone calls made around the time Veronica Guerin was murdered, especially two phone calls between Gilligan and a person who, according to himself, was at the scene, Russell Warren. The exchange of phone calls between Gilligan and Warren is less persuasive than generally believed but they remain suspicious. Gilligan's assertion that there was no such telephone contact is not in accordance with the phone records.

But this too does not establish he was responsible for the murder of Veronica Guerin, as the Special Criminal Court found.

So we are left with the motivation theory being discredited but Gilligan being discredited by his denials about the threatening phone call to Veronica Guerin and the suspicious phone exchanges with Russell Warren.

As the Special Criminal Court found in his case: case not proved.

The discrediting of the motivation theory is of special interest for it raises the question, why would Gilligan want to have her murdered.

There was another associate, identified by the Special Criminal Court as another possible instigator of her murder, John Traynor, who was never charged. This too is curious.

Motivation

Veronica Guerin, a journalist working for the Sunday Independent, was murdered at 12.57pm on 26 June 1997, while sitting in her car at traffic lights on the Naas dual carriageway, just outside Dublin.

It was widely believed at the time her murder was motivated by a concern on the part of organised crime gangs that her journalism would cause them harm – she had been writing crime stories for the Sunday Independent over the previous two years. Specifically it was believed that an alleged crime boss, John Gilligan, had ordered her murder, which had been conducted by members of his criminal gang.

Veronica Guerin had attempted to interview John Gilligan at his home on 14 September 1995 and arising from that he was prosecuted for assault on her.

The Special Criminal Court stated: "As for motivation for the crimes: an incident had occurred between Ms Guerin and [John Gilligan] it seems in or about January 1996, in which she had had an encounter with him and he had struck her. She reported the matter to the police and [Gilligan] was charged with assault. This enraged him because on imprisonment, on foot of a likely jail sentence, grave harm would be done to his cannabis empire because he would be prevented from purchasing supplies and arranging for the importation of the product into Ireland.

"It is also probable that he perceived himself as being hugely important in the criminal world and it would be a source of great annoyance and humiliation to be sent to jail as a petty criminal. It is also probable that his managers would have been also greatly annoyed by that turn of events.

"The end result was that a plot was hatched to murder Ms Guerin and thus the prosecution which she had initiated against [Gilligan] would have to be dropped, as it was dependent on her evidence."

This finding must now be in doubt since it is clear that Veronica Guerin could have given this testimony against John Gilligan on two occasions before she was murdered.

In evidence to the Special Criminal Court a former garda, Brendan Quinn, acknowledged that when the assault case first came before Judge Brophy at Kilcock district court on 14 May 1996 an adjournment was sought on behalf of the State solicitor and the adjournment was granted until 28 May of that year.

On 28 May Michael Hanahoe, solicitor, acting for John Gilligan, made an application to have the State supply copies of statements made to the Gardai in connection with the case and this caused a further adjournment until 25 June, the day before Veronica Guerin was murdered. According to the former garda, the case did not go ahead that day because Judge Brophy disqualified himself from hearing the case because he felt there might be prejudice (he had opened a file related to Gilligan's previous convictions by mistake).

IN cross examination by counsel for Gilligan, Michael Higgins SC, he was asked: " (it was the State solicitor) who sought an adjournment on 14 May – is that right".

He replied: "That is correct".

"Michael O Higgins continued: "And sought an adjournment which was not only opposed but Mr Gilligan indicated he wanted the case heard that day". Mr Quinn: "I cannot recall any comment like that".

Timeline: Veronica Guerin

1994: Veronica Guerin joined the Sunday Independent and started to investigate organised crime in Ireland. One of her close contacts in the criminal world was John Traynor, a one time associate of another crime boss, John Gilligan.

30 January 1995: She was shot in the leg at her home by an unknown person. A garda investigation was unable to identify the person responsible.

14 September 1995: Veronica Guerin went to the home of John Gilligan and there an incident occurred. She stated he viciously assaulted her. He denied this. Gilligan was subsequently charged with assault.

15 September 1995: Veronica Guerin stated John Gilligan phoned her on her mobile phone and made serious threats concerning her and her child. The conversation was overhead by barrister, Felix McElroy. Gilligan subsequently acknowledged to another journalist, Liz Allen, that he had made this phone call. Gilligan denies emphatically that this occurred.

15 May 1996: The assault case came up for hearing at Kilcock District Court but was adjourned on the application of the State Solicitor.

28 May 1996: The case again came up for hearing but was again adjourned.

25 June 1996: The case came up for hearing but was adjourned when the judge by mistake opened a file and felt he was prejudiced.

26 June 1996: Veronica Guerin was murdered on her way from the courthouse in Naas, where she appeared in answer to a speeding charge. Subsequently three people were charged with the murder: John Gilligan, Paul Ward and Brian Meehan. The main evidence against them was the evidence of accomplices who had turned "super-grasses" for the State: Russell Warren and Charles Bowden. Gilligan was acquitted of the murder. Paul Ward was convicted but the conviction was quashed on appeal. Brian Meehan is the only person whose conviction still stands. His appeal against conviction started in the Court of Criminal Appeal on Tuesday, 27 June.