Witness tells Keane trial four men were to be murdered
The chief witness in the trial of five men accused of murder has alleged that four men were to be murdered on the night Kieran Keane was shot dead and he himself was left fighting for his life.
Owen Treacy told the Central Criminal Court jury today that when he and Kieran Keane arrived at a house in Fairgreen, Limerick on the night of the killing, one accused, Desmond Dundon, placed hoods over their heads and taped their hands behind their backs.
Another accused, Anthony "Noddy" McCarthy pointed a handgun at them and ordered them to sit.
The witness told the jury that he and Mr Keane were then asked to make a phonecall to lure two brothers, Kieran and Phillip Collopy, "out the road" but refused to do so.
Blaise O'Carroll SC, for Desmond Dundon, put it to the witness that he and Mr Keane were told they would be subsequently be returned safely to their homes.
"My Lord, what these men had in their heads was to kill the four of us on the 29th January. The four of us were going to be killed", he replied.
"If me or my uncle Kieran made that call, there was four of us going to be killed". He added that the men "wanted us to get the Collopy brothers out on the Sandwell bank".
The witness told the jury they were in the house in Fairgreen for approximately one hour during which time the men "went on" about getting the Collopys.
"At no time were we going to lure the Collopys out the road - at no time."
Counsel asked if he was wrong in alleging that Desmond Dundon tied their hands. "My Lord, members of the jury, the man that taped my hands is Dessie Dundon" adding that he also "taped Kieran's."
"I remember him twisting our hands," he said, putting his arms behind his back for the benefit of the jury.
The witness alleged that they were led out of the house by a Mr X, bundled into the boot of a silver Micra and taken to another house at Roundwood.
They were then taken to a lonely road at Drombana where Kieran Keane was shot dead - allegedly by the accused David "Frogs Eyes" Stanners - and where the witness was stabbed 17 times.
Counsel put it to the witness that he "magically did a Houdini act" by getting out of his binds. "I had no other choice my lord" he replied. It was either "life or death on 29th January," he added.
Counsel then put it to the witness that Mr Dundon was never in Fairgreen.
"That's not correct, My Lord. Desmond Dundon was in Fairgreen on 29th January".
How did you manage to escape and Kieran did not? Counsel asked.
"That's correct My Lord he did not" Mr Treacy replied.
You did not go to any classes of Houdini or escapology, counsel enquired.
No, the witness replied "I was just lucky to get out".
"Do you know who Houdini was?" Mr Justice Carney interjected.
No, the witness said. When it was explained that Houdini was a man who escaped from binds and chains he responded: "My Lord, if you want to call me Houdini you can. I was just a bit luckier than Kieran on the 29th January - that's the way I put it."
Owen Treacy identified the accused David "Frogs eyes" Stanners as the third man in Fairgreen. He claimed he was one of two men wearing balaclavas who came from the kitchen area while he and Kieran Keane were held at gunpoint in the sitting room.
The witness said "Frogs Eyes" spoke just one word - "Well".
Mr O'Carroll suggested to the witness that not only could he escape from his binds, but he could also identify men in balaclavas.
Mr Treacy replied that he identified Mr Stanners by his eyes and his voice: "He's a man I know all my life."
"Not a scintilla of doubt about it?" counsel asked.
"No doubt whatsoever, My Lord. I could identify David "Frogs Eyes" Stanners."
Wearing a balaclava? Mr O'Carroll continued.
"That's right My Lord."
When pressed on why he could not identify the second man in the balaclava, the witness explained that he did not have a clear view of him because he stood directly behind David Stanners.
Earlier, Mr Justice Carney rejected a defence application to discharge himself following defence claims that he had given the media "carte blanche" to say and write what they wished.
When the jury returned after legal applications, the judge told jurors he had heard certain matters in their absence relating to ongoing publicity.
He said there was a "raging debate going on at various levels", including the Dáil.
Mr Justice Carney told the jury "it would be idle of me to think I could put a lid on any national debate," adding that he had "no power to interfere with what's going on in National Parliament".
"I am satisfied" he continued "that we have a rapport between us that you are going to try this case on the evidence and the evidence alone."
This trial, he added, "is going to proceed to a jury verdict" but he warned counsel that the case could not proceed on the basis that everyone was being "too precious".
Mr Justice Carney also warned the media that a "major trial" is in progress and it must not be prejudiced.
He further warned that in "calmer waters" when the trial is over he may refer certain media coverage to the Attorney General .
The five accused have pleaded not guilty to the murder of Kieran Keane, aged 36, of Garryowen House, Garryowen, Limerick on January 29 last at Drombana, Bushy Island, Limerick and to falsely imprisoning Mr Keane on the same date.
The accused also deny the attempted murder of Mr Keane's nephew, Owen Treacy, aged 31, of St Munchin's Street, St Mary's Park, Limerick on the same date and at the same location and to falsely imprisoning Mr Treacy.
They are: Desmond Dundon, aged 20, of Hyde Road, Limerick; David "Frogs Eyes" Stanners, aged 31, of Pineview Gardens, Moyross; James McCarthy, aged 24, of Delmege Park, Moyross; Christopher "Smokie" Costelloe, aged 20, of Moylish Avenue, Ballynanty Beg and Anthony "Noddy" McCarthy, aged 21, of Fairgreen, Garryowen.
The trial before Mr Justice Carney and a jury continues tomorrow in Cloverhill Courthouse.
