Chawke accused denied permission to call 'biggest rat of all' to court
A man accused of the shooting of publican Charlie Chawke during an armed robbery has failed in his attempt to call his alleged accomplice to give evidence in his defence.
Larry Cummins told the jury: "The judge won’t let me get my co-accused in the door, the informer, the biggest rat of all."
It was day four of the Dublin Circuit Criminal Court trial of Cummins (aged 54), of Mellows Road, Finglas, who pleaded not guilty to intentionally causing serious harm to Mr Chawke, robbery of €48,652 in cash and cheques, possession of a shotgun with the intention to commit robbery and two counts of possession of a shotgun with the intention of resisting arrest at The Goat Grill, Goatstown and Stillorgan Heath on October 6, 2003.
Judge Frank O’Donnell told the jury that the co-accused did not want to give evidence and said: "I see it as an empty exercise to bring him here, he is not compellable, that was my ruling given in your absence following submissions."
Defence counsel Mr Brendan Nix SC then asked for his solicitor to be discharged from the trial and said: "I have instructions from my client that from here on in he wishes to conduct the balance of his defence himself".
Mr Nix had not cross examined any witnesses during there days of prosecution evidence and repeatedly told the court: "On the instruction of my client I have no questions."
Cummins told the jury that he needed a retrial because his legal documents had been ruined "when I was sitting in my cell, sprinklers destroyed everything".
Under cross examination Cummins told Mr Paddy McCarthy SC, prosecuting, that he was not denying any of the evidence and said: "All my papers were destroyed. That’s why I did not challenge anything because I want a retrial".
The jury earlier heard that Mr Chawke got into his car outside the pub around lunchtime with a bag containing cash and cheques. He said that a man holding a shotgun approached his car, opened the door and demanded the bag. Mr Chawke grabbed for the gun but missed and the raider took aim and fired a shot into his right knee. His leg was later amputated.
It was alleged that this man was not Cummins but his accomplice in the joint enterprise.
The jury were told that a garda patrol car had stopped at lights outside the pub at the time of the alleged shooting and pursued the raiders who fled the scene in a red Volkswagen. Gardaí pursued the raiders through a number of housing estates and into a cul de sac at Stillorgan Heath but slowed when the passenger in the vehicle, Larry Cummins, pointed a shotgun at their patrol car.
The men allegedly abandoned their car and pointed two sawn off shotguns at the patrol car. The driver fired a shot at the garda windscreen before both men ran down a laneway. The jury heard that two gardaí chased after the raiders on foot and apprehended them.
The hearing is scheduled to continue on Monday before Judge O’Donnell and a jury of four women and eight men.
