Neighbour 'saw accused on New Year's Eve', court hears
A neighbour of a man charged with firearms offences has said he saw the accused in Ballyfermot on New Year’s Eve 1999, the same night that shots were heard near the Grand Canal in Co Kildare where two bodies were later recovered.
Mr Thomas Heneghan, who lives two doors away from the family home of the accused, Mr Mark Desmond, said he saw Mr Desmond on Lally Road with a group of people on New Year’s Eve.
The witness told the jury at the Central Criminal Court today that he "saw him that evening" but he could not put an exact time on it. "He was with a group of people. It was sort of party time." He could not be certain that it was 7.30pm "but I definitely saw him that evening", he told the jury.
Mr Henaghan added that he went to bed in the early evening so it had to have been before that time.
Cross-examined by the accused as to how far Lally Road is from Co Kildare, the witness replied that it was about 45 to 50 minutes away.
The accused said a number of people had reported hearing shots coming from the canal at around 7.15pm. The bodies of Darren Carey and Patrick Murray were recovered from the canal near Karneystown in early January, the court has heard.
The accused put it to the witness that the gardens at the rear of 100 to 106 Lally Road were very dark. "Very dark. Yes" the witness agreed.
Mr Desmond put it to Mr Henaghan that a previous witness had testified as to having viewed guns allegedly shown to him by the accused late at night in the rear of Lally Road. "There was no light. I certainly can’t remember a light," Mr Henaghan said.
On re-examination prosecution counsel Mr Patrick Gageby SC pointed to a photograph of a pole in the vicinity of the rear 100 Lally Road. That was located across the road, the witness said, "It’s a lit road."
Earlier, the accused’s former girlfriend, Ms Jennifer Devine told the court that she twice saw the accused with a firearm.
She denied however, that her account of the incidents conflicted with the evidence of a previous witness, Mr Rachel Stephens, who testified that she saw the accused with a firearm at Ms Devine’s house on two separate occasions. "The two of us were saying the same story," Ms Devine told the jury.
Mr Desmond asked Ms Devine if she knew anything about guns at 104 Lally Road. No, she replied.
She also agreed she had never seen guns at that location.
"Did I ever tell you I kept guns there?" Mr Desmond inquired.
"No," replied Ms Devine.
Mark Desmond (aged 27) formerly of Lally Road, Ballyfermot, Dublin, has pleaded not guilty to unlawful possession of three shotguns, one long rifle and one 12 gauge shotgun cartridge with intent to endanger life at Lally Road, Ballyfermot between 1 October 1999 and 17 February 2000.
The trial continues tomorrow.
