Defence council casts doubt on gun collection
02/11/2007 - 17:54:22The defence counsel for one of the four men accused of shooting a Limerick bouncer standing trial at the Central Criminal Court has told the chief prosecution witness that he could not have gone to collect a gun from his client at any point on the day of the murder.
James Martin Cahill who is currently serving a life sentence for shooting dead Mr Brian Fitzpatrick in November 2005 told Mr Michael O'Higgins SC, defending accused man Anthony Kelly, that he had a meeting with two men on the eve of the murder, who cannot be named for legal reasons, in a thatched pub near Portlaoise where it was arranged he would pick up a gun from Kelly and may have also discussed the murder.
Gary Campion (aged 24) of Pineview Gardens, Moyross, Limerick, John (aged 27) and Desmond (aged 23) Dundon both from Ballinacurra Weston, Co Limerick and Clare business man Kelly (aged 50) with an address at Killrush all plead not guilty to murdering Mr Fitzgerald, in the early hours of November 29, 2002 at Brookhaven Walk, Mill Road, Corbally, Limerick.
Mr O'Higgins told Cahill that the pub had been identified as Treacy's Bar in an area known as the Heath on the Dublin side of Portlaoise.
One of the men, "Mr B", had been caught on camera in a bank in Bruff, Co Limerick around two hours away at 12.08pm, leaving at 12.20pm.
This would have made his arrival at Treacy's at around 2.30pm.
Mr O'Higgins said that mobile phone records from the other man, "Mr A", show that he made a phone call through the mast at the Heath at 3.49pm and his phone was tracked heading towards Dublin registering on the mast at Ballybrittas at 4.42pm.
Cahill had told gardaí in two statements made in May and November 2005 that he and Mr B had then driven straight to Kilrush to collect the gun from Kelly. A journey that would have taken around three hours meaning they would have arrived at 7pm.
However, Cahill also said that he had travelled with Mr B and the Dundon brothers to meet the man who was to drive the motorcycle for the shooting, "Mr C" at the Parkway Shopping Centre in Limerick.
Mr O'Higgins said that CCTV footage from Burger King at the Parkway Centre shows Mr C arriving at 6.38pm and leaving at 7pm.
Mr O'Higgins told Cahill that if Mr B had driven to Kilrush and had spent, according to Cahill's accounts to gardaí, around one hour and 10 minutes there, while the gun was fetched and demonstrated, he would not have arrived at the Parkway until 9.50pm.
Cahill had said earlier in his evidence that the bike Mr C had brought, a Ducatti, had clutch problems and had told gardaí that they all went back to Mr B's house where Mr B phoned Gary Campion to come and try and fix the bike and provide an alternative.
While this was being arranged Cahill told gardaí that a woman arrived at the door and may have seen him playing with the gun.
"The next thing was, the sitting room door opened and (Mr B's) girlfriend was at the door," he said. "She looked in at us and could see us all in there. I had the gun in my hand and I tried to hide it."
Mr O'Higgins asked him why he would need to travel to Kilrush if he already had a gun.
Cahill denied anyone came to the door, that he did not have a gun and said that Mr B had taken him to Kilrush after he had taken Mr C to get a taxi and everyone had left.
However, Mr O'Higgins said that Garda surveillance had shown Mr B meeting with another man who Cahill had committed armed robberies with and who he had phoned 50 times in the days leading up the murder, at 8.44pm on the Dublin Road and not leaving until almost 9pm.
Also earlier today, Cahill told Mr O'Higgins that John Dundon was not present when Mr Fitzgerald was pointed out or when they inspected Mr Fitzgerald's house as he had previously claimed.
He said he could no longer be sure that John Dundon was present although he could remember his brother Desmond Dundon being there. He also said he could not remember co-accused Gary Campion being present either.
Cahill told Mr O'Higgins that he had been hearing screaming in his head during the last three days he has been on the witness stand.
"I got them when I was in my cell yesterday and when I was coming in the van."
He also said he had heard voices while he was giving evidence.
"Not when I'm speaking," he said. "I was getting them the other day. Just speaking and you will be OK".
The trial continues on Monday before Mr Justice Peter Charleton and the jury of 12 men at the Central Criminal Court sitting at Cloverhill.
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