A member of An Garda Síochána who was put on trial by a judge and jury on two charges of alleged deception saw the trial come to an abrupt not guilty verdict when the only witness said he lent the guard €2,000 and this was paid back to him.
The witness also commented on Paul Mulcair, 43, of Kinsale garda station: “He is a good guy. I know him pretty well.”
Earlier, Garda Mulcair was arraigned on two charges of deception and he pleaded not guilty.
A jury of six men and six women was sworn in to hear the case against him.
Shortly after the commencement of the trial and brief evidence from only one witness, the prosecution barrister, Donal McCarthy indicated that there would be no further evidence from the prosecution.
Defence barrister, Donal O’Sullivan, said that this being so there was no case against the accused and in the brief absence of the jury he asked Judge Seán Ó Donnabháin to direct the jury to find Paul Mulcair not guilty on both counts.
Judge Ó Donnabháin acceded to the application and directed the jury, on their return, to find the defendant not guilty by direction of the trial judge.
The judge said to the six men and six women of the jury: “I did say this would be a short case. In fact, the case is over.”
The first deception charge stated Garda Mulcair made a gain for himself by deception where he dishonestly induced another man to pay him €500 at Eastern Road, Kinsale, Co Cork, on September 29 2015, by allegedly stating that he was only receiving basic wages and was not being paid overtime or bonuses.
The second charge made a similar allegation in respect of the sum of €2,000 cash from Stephen Tobin at Haven Hill, Kinsale, on November 27, 2015.
In his opening of the alleged evidence he anticipated in the trial, Mr McCarthy BL said at the outset that in such cases it did not matter if the monies were later repaid and that the offence was one of alleged dishonesty rather than any theft.
In evidence, Stephen Tobin, electrician, said he knew Paul Mulcair through the rugby club in Kinsale.
I met him out in Summercove. He asked me for a loan of money.
Mr Tobin said he gave him €1,500 and then a further €500 and he paid it back after a few months.
“He is a good guy, I know him pretty well,” Mr Tobin said.
Inspector Fergal Foley was formally called to give evidence but as was anticipated he was not present.
In fact, he has been on sick leave for some time.
At that stage, Mr McCarthy BL said there would be no further prosecution evidence and this resulted in the judge’s direction of the jury to find the defendant not guilty on both charges.
There was nothing further against the defendant and he was free to leave the court.