Accused 'set up like a lamb to slaughter', defence claims
A defence barrister in his closing speech to a jury in the trial of a Dublin murder has said other than the word of the State’s main witness, "there is not a shred of evidence on my client", the Central Criminal Court has heard.
Mr John Phelan SC representing Mr Brian Kenny told the jury: "This is a very disturbing case." "This gentleman (Mr Kenny) was set up like a lamb to slaughter but it’s the details that let Mr (Joseph) O’Callaghan down," the defence barrister said.
Mr Brian Kenny, aged 36, of Kilshane Cross, Finglas, and Mr Thomas Hinchon, aged 25 of St Ronan’s Close, Clondalkin have denied the murder of 25-year-old Dubliner Jonathan O’Reilly of St Mark’s Gardens, Clondalkin on April 17, 2004.
Mr Kenny also pleaded not guilty to threatening to kill Mr Joseph O’Callaghan on April 17, 2004 at Finglas, Dublin.
Mr Kenny denies the possession of a firearm, a Berretta single automatic shot gun on May 10 2004 at Michelstown Cottage, Kilshane Cross, Dublin. He also pleaded not guilty to possession of ammunition on the same date. Mr Hinchon pleaded not guilty also to threatening to kill Mr Joseph O’Callaghan on April 17, 2004.
It is alleged by the State that the deceased man was shot outside Cloverhill prison as he sat in a BMW car. A motor cycle drew up beside the car and a number of shots were fired through the car glass and struck Jonathon O’Reilly, mortally wounding him, the State alleges.
Mr Phelan asked the jury why Mr Joseph O’Callaghan never received a summons for being caught with €160 of heroin. "Why in these circumstances was Mr O’Callaghan not prosecuted?" Mr Phelan asked the jury.
"We questioned gardaí about this and they said they couldn’t question the DPP’s decision."
Effectively, Mr Phelan SC told the jury, Mr O’Callaghan was given "total immunity" by the DPP. "Why would such a man be given such a guarantee?" Mr Phelan said. Mr O’Callaghan, he said, "became a snitch, a super-grass".
Mr Phelan SC read to the jury a law article entitled 'The Emergence of the super-grass', in which it said the danger from a man who is "caught out" is that "he purchases immunity by falsely accusing others".
"We know Mr O’Callaghan was couriering drugs for other parties, we know he got caught and we know he went to the police station," Mr Phelan SC said.
The defence barrister said it "concerned" him that a situation arises where immunity is given with no reason. "It is our business and it’s very, very scary", he added.
"Other than his word, there is not a shred of evidence on my client," Mr Phelan SC said.
The trial continues before Mr Justice Michael Peart.
