Barrister cleared of intimidating witness
The barrister accused of intimidating a witness in a trial was cleared of the charge late this afternoon when a jury reached a unanimous verdict of not guilty in the case against him.
The jury took three and a quarter hours to reach their verdict in the case against Padraig Cullinane of Courthouse Chambers, Washington Street, Cork, who was on trial for the past week on a charge of intimidating Caroline Settini, who was a potential witness in a case at Cork Circuit Courthouse on
November 14, 2002.
“I am delighted to be vindicated by a unanimous verdict of the jury. It has been a difficult year as it is for any citizen charged with a criminal offence,” Mr Cullinane said afterwards.
During his evidence, Mr Cullinane repeatedly referred to the fact that he applied twice for a senior counsel to be appointed in the November trial but the applications were refused, and Judge Kevin Haugh referred to that when he summed up the case for the jury today.
"If you feel he was suffering from inexperience or that the case was for him deep and difficult waters you must give him the excuse that may flow from that predicament.
"You cannot put an old head on his shoulders. That would be unfair to him. You must look at it from his point of view," the judge said.
Mr Cullinane is 43 years old and at the time of the case he was in his ninth year practising as a barrister.
"The defence say that if Mr Cullinane was up to shady work that he considered improper, why on earth would he have gone about this in the sight and hearing of all the other witnesses sitting around Mrs Settini at the time if he was trying to engage in foul play trying to bully, ballyrag or intimidate the witness?" Judge Haugh said.
The judge told the 11 jurors (one man was discharged during the trial because he became ill) that the defendant did not dispute the words complained of but did say that he approached in a more diplomatic and sensitive way and that part of his purpose was to give legal advice.
He said the prosecution case was that the defendant approached Mrs Settini to brow-beat, intimidate or put her off side so that she would not give evidence against Mr Cullinane's client and that Mr Cullinane felt that the case might be tilted in his client's favour by doing so.
Defence senior counsel, Blaise O'Carroll said the prosecution claim that the defendant intended to pervert the course of justice was the absurdity of the trial.
