A witness who travelled to Ayia Napa when he was due to give evidence in the trial of a teenager accused of producing a knife at a house party where college student Cameron Blair was murdered, has been arrested and will face trial for contempt of court.
At an out-of-hours sitting of the High Court on Friday evening, Mr Justice David Keane heard that Craig O’Donoghue (20) had been served with a witness order in May, which required him to give evidence at the juvenile’s trial last month. However, Mr O’Donoghue travelled to Ayia Napa at the end of May and was not available to give evidence.
It is the State’s belief that the witness and his co-accused left the jurisdiction in order to avoid giving evidence at the trial.
On May 28th, a 16-year-old accused who cannot be named because he is a minor, went on trial charged with the production of a knife at a house on Bandon Road in Cork city on January 16th, 2020. He had been on trial at the Central Criminal Court, which was sitting in Croke Park, for almost three weeks before the case ended last month.
On June 16th, the Director of Public Prosecutions (DPP) discontinued with the charge against the teenager and will enter a nolle prosequi against him in due course meaning that the State will not be proceeding with the charge of producing a knife against the juvenile.
The accused, who was 14 at the time of the incident, had pleaded not guilty to producing an article capable of inflicting serious injury in the course of a dispute, to wit a knife, in a manner likely to unlawfully intimidate another person.
During the trial, John Fitzgerald SC for the DPP told Mr Justice Keane that there had been an issue in relation to two of the witnesses in the book of evidence. “The information is that they went to Ayia Napa in Cyprus and it is the State’s belief that they did so in order to avoid giving evidence,” he said.
‘Profoundly serious matter’
On the day the trial ended, the judge said that it seemed to be a “profoundly serious matter” to fail to comply with a witness order and it had to be treated as a matter of “significant gravity”.
He said it was his task to ensure the administration of justice and he had to do his utmost to make sure that this was the case. “If events occur that interfere with the administration of justice I have to be concerned. Because I issued warrants which weren’t obeyed, I will be guided in due course. I think the failure to attend in accordance with a witness order is a contempt of court,” he noted.
At an out-of-hours sitting of the High Court on Friday, Mr Fitzgerald told Mr Justice Keane that Craig O’Donoghue of Killala Court, Knocknaheeney, Co Cork was the second witness who had failed to appear at the juvenile’s trial. The court heard that the other witness had appeared before the High Court last Monday evening.
The court heard that Mr O’Donoghue and another witness had booked a holiday on May 11th to travel from Ireland to London.
“They travelled from Ireland on May 27th and from there to Ayia Napa in Cyprus,” said the detective.
Det Gda McGovern said that efforts were initially made to follow up on the witness order on June 1st, when Mr O’Donoghue was required to give evidence in the trial on the following day. However, it became apparent that he had left the jurisdiction and was not available to give evidence, he added.
Dublin Airport
The detective said he had executed the bench warrant at Dublin Airport on Friday afternoon at 4.53pm and arrested Mr O’Donoghue on foot of the warrant.
Det Gda McGovern said he had cautioned Mr O’Donoghue but he made no reply. The officer said he handed the accused man a true copy of the bench warrant.
The alleged offence of contempt of court is punishable by imprisonment, fine or both.
The judge remanded Mr O’Donoghue in custody until July 12th at 10.30am and granted legal aid to cover senior and junior counsel to represent him at the hearing on that date.
Brian Storan BL, for Mr O’Donoghue, said the defence was not pursuing an application for bail.
