The Special Criminal Court has warned a man he could be imprisoned if he refuses to answer questions regarding his allegation that he was beaten, waterboarded and physically branded with the word “rat” on his face and body.
Ms Justice Karen O’Connor, presiding at the three-judge, non-jury court, told Barry Moore (34) on Saturday of the potential consequences for failing to co-operate in a criminal trial concerning the alleged incident last February. Mr Moore, appearing via video-link, said he understands he could go to prison but he will not give evidence or answer questions.
The court heard the Director of Public Prosecutions (DPP) believes all the evidence in the case “points exclusively in favour of supporting the account [of the assault] given by Mr Moore” and will leave the court with “no reasonable doubt” as to the guilt of the four accused.
Mr Moore was arrested on Thursday of this week on foot of a bench warrant after he previously failed to turn up for the trial of four men accused of assaulting and falsely imprisoning him. The DPP is asking the court to rule that statements Mr Moore made to gardaí after the alleged assault should be admitted as evidence in the trial without the alleged injured party taking the stand.
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Lawyers for the accused are expected to argue Mr Moore’s statements should be ruled inadmissible because he is not making himself available for cross-examination.
Earlier on Saturday, barrister Carol Doherty told the court her client, Mr Moore, has been held in isolation in custody for two evenings since his arrest. While Ms Doherty said there is no excuse offered for his failure to attend, the “horrors visited on this man” are now understood and there is a concern his incarceration is causing a secondary traumatisation.
Mr Moore has had “serious mental health concerns” in the past two weeks, she said. She asked the court to consider holding Mr Moore in protective custody instead. Ms Justice O’Connor asked Garnet Orange SC, for the DPP, to explore the possibility of holding Mr Moore in protective custody. Mr Orange told the court protective custody requires planning and is “simply not possible to do at this stage”. Neither the Garda nor the prosecution anticipated this situation with Mr Moore, he said.
Judge Sarah Berkeley said she was surprised the State failed to anticipate this, while Ms Justice O’Connor pointed out there have already been issues with Mr Moore’s failure to attend court.
Ms Justice O’Connor asked the State to “continue to review this matter” and adjourned the trial until Monday morning.
Mr Orange previously told the court that, in applying to have Mr Moore’s statements admitted as evidence, he intends to call supporting evidence he says will leave the court in doubt as to the guilt of the four accused. He said the court will see photographs of Mr Moore’s injuries and will hear medical evidence in respect of those.
The State will also rely on CCTV footage to show the movements of various people and vehicles at a critical time. There will be evidence of blood stains at the location of the alleged assault and other material consistent with Mr Moore’s account, including a “cattle brand”, the court has heard.
In his opening speech on Friday, Mr Orange said the State alleges that brothers Jason Hennessy jnr (28) and Brandon Hennessy (22), and Kenneth Fitzsimons (45) and his son Dean Fitzsimons (25) assaulted Mr Moore in a shed at the back of Jason Hennessy jnr’s home on Sheephill Avenue in Blanchardstown.
During the alleged assault, counsel said, the group accused Mr Moore of giving information to people with whom the accused were “not friendly”. He said they heated a “branding” object with the letters “rat” on it to brand Mr Moore’s face and body.
Det Garda Stuart Gleeson told the trial he interviewed Mr Moore the day after the alleged assault. He noted various injuries on Mr Moore’s body, including “rat” burned into both sides of his face, his forehead, stomach and back.
Det Garda Gleeson read out Mr Moore’s statement in which he alleged that each of the accused had assaulted him for more than an hour in a shed at the back of Jason Hennessy jnr’s home.
Jason Hennessy jnr and Brandon Hennessy, of Sheephill Avenue, Blanchardstown, Dublin 15, along with Kenneth and Dean Fitzsimons, of Castlecurragh Vale, Mulhuddart, Dublin 15, are charged with false imprisonment, intentionally or recklessly causing serious harm, and with participating in or contributing to the activity of a criminal organisation by assaulting Mr Moore, causing him serious harm.
The offences are alleged to have happened on February 12th, 2025, at a house on Sheephill Avenue, Blanchardstown, Dublin.
Jason Hennessy jnr is further charged with threatening to damage property and producing a branding stamp. Brandon Hennessy is charged with producing a “steel breaker bar”.
Dean Fitzsimons is charged with making a threat to kill or cause serious harm to the alleged victim and producing a metal branding stamp and a steel breaker bar. Kenneth Fitzsimons is charged with producing a steel breaker bar and an axe during the course of a dispute or fight.
They have each pleaded not guilty to all charges.
Devon Hennessy, of Edgewood Lawns, Corduff, Dublin 15, previously pleaded guilty to falsely imprisoning and assaulting Mr Moore for the purpose of enhancing the activities of a criminal gang. He is not part of the current trial.
