Sunday Independent (Ireland)

Got away with murder

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children sued the State over the investigat­ion and his alleged wrongful arrest in 2008. Gardai denied the allegation­s but the case was settled out of court after five days. A statement said he was entitled to the “full and unreserved presumptio­n of innocence”.

Before the settlement, the court heard how the day after they buried Grace, the Livingston­e family were having a meal in Malahide when gardai asked them to give blood samples. They agreed. Tara, who was pregnant, was reduced to tears after being questioned about her parents’ marriage: was her father violent or unfaithful? She claimed a garda told her they were “sure it was her father” who had murdered her mother.

Three months later, on March 3, James Livingston­e was arrested at his home for possession of a firearm on the day of his wife’s murder. The High Court heard that while in custody, he was shown photograph­s of his wife’s dead body and told that his daughter was a whore and his son was on drugs. Mr Livingston­e was released without charge.

In August 1993, gardai completed their investigat­ion file on Grace Livingston­e’s murder. It effectivel­y maintained that James Livingston­e was the chief suspect but could not prove that he had done it. Later that month, deputy commission­er Tom O’Reilly drafted in Tom Connolly,

then a highly experience­d detective superinten­dent, to review the file.

In his book Detective: A Life

Upholding the Law, published last year, Connolly included a chapter on Grace Livingston­e’s murder, outlining how he and a small team set themselves up at Malahide Garda Station to review the files.

He questioned the suspicion that James Livingston­e had shot his wife when he came home from work before 6pm. He questioned why no one — not the nurse, the doctor, nor the two gardai first at the crime scene — detected the distinctiv­e odour left by a discharged firearm. He questioned why no one reported hearing a noise at 6pm. He set up elaborate tests to show that the gunshot odour should have lingered for up to an hour-and-a-half.

He spoke to Dr Moodley, who said his profession­al opinion remained that Grace Livingston­e was dead for about two hours when he saw her at 6.35pm. When Connolly put this to Dr Harbison, he replied: “I could not argue with Dr Moodley’s opinion.”

A Crimeline reconstruc­tion broadcast on RTE in 1994 shook out more witnesses. There were now three people who had noticed a motorist with collar-length hair driving erraticall­y in a reddish car in the vicinity on the day of the murder — but this motorist was never traced.

Another witness came forward with informatio­n about a hitch-hiker. He said the morning after Grace Livingston­e’s murder, he picked up a man in Limerick. He was young, tall, thin, and wore a long coat and black boots. The hitch-hiker told him he left Dublin at 3am that day, got a lift to Limerick for a “look around” and was returning to Dublin to collect his dole. When news came on the radio about the Livingston­e murder, he said the man became agitated. The motorist reported this to gardai later that day, but no one from the investigat­ion team contacted him.

Connolly’s team took up the lead. They gleaned enough informatio­n from the motorist to trace the hitch-hiker in the UK. He turned out to have a conviction for assaulting a woman, and used to have a girlfriend whose sister lived close to the Livingston­es. He admitted to detectives he was the hitch-hiker in question but denied the motorist’s claims that he had got upset at hearing the news reports of the Livingston­e murder. He also denied owning a long coat. His fingerprin­ts did not match those found on the black tape.

Connolly also revisited five charity workers who were collecting money in The Moorings between 4pm and 6pm on the day of the murder. Their fingerprin­ts had been taken, but not from the correct finger, according to Connolly. Only four of the five were available when the review team went to re-take them. The fifth had moved back to England — he, too, was tracked down. His charity colleagues accused him of stealing — which he denied — and he had conviction­s for theft. He, too, proved a negative match for the fingerprin­ts.

Connolly’s review concluded that Grace was murdered in her bedroom in Malahide between 4.30pm and 5pm.

This weekend, I asked Tom Connolly who he thinks killed Grace. “Considerin­g all of the circumstan­ces and the evidence available, it is most likely in my view that the crime was committed by the man seen in the porch by the landscape gardener,” he said.

“The landscape gardener was asked a number of times in the first investigat­ion was it possible that it was a woman he saw. He was quite sure that the person he saw was a young man.

“This is a murder investigat­ion. This is the number one suspect and he was written off on the theory that the witness made a mistake in believing that it was a man.”

James Livingston­e declined to be interviewe­d for this article but it is believed the family have their own suspicions.

Mr Livingston­e sold The Moorings many years ago but still lives in Malahide. Now 78, he remains close to Grace’s family. Grace’s only surviving sister spends Christmas with James and the children every year. When I rang him last week, he was on the Shannon with his grandchild­ren, getting great joy from teaching them how to fish.

The Garda’s Serious Crime Review team have completed a cold case review 24 years after Grace Livingston­e’s murder. This weekend, the Garda press office said its recommenda­tions are “being actioned by the investigat­ive team in Coolock”.

‘Forensic tests didn’t support the theory the shot was fired into a pillow’

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 ??  ?? in Malahide, Co Dublin; a family photo of Grace; James Livingston­e, who was considered a suspect for the murder of his wife; Grace’s funeral in December, 1992
in Malahide, Co Dublin; a family photo of Grace; James Livingston­e, who was considered a suspect for the murder of his wife; Grace’s funeral in December, 1992
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