The Director of Public Prosecutions (DPP) has accepted pleas to a lesser charge from four men who were accused of falsely imprisoning a man who was waterboarded, threatened with rape and repeatedly branded with the word “RAT” on his face, after the victim refused to testify at trial.
The State has accepted pleas of guilty to assault causing harm against each defendant, an offence that carries a maximum sentence of 10 years in prison.
Jason Hennessy jnr (28) and Brandon Hennessy (22) of Sheephill Avenue, Blanchardstown, Dublin 15, as well as Kenneth Fitzsimons (45) and his son Dean Fitzsimons (25) of Castlecurragh Vale, Mulhuddart, Dublin 15, had been charged with various offences, including causing serious harm and false imprisonment of Barry Moore (34), both of which carry potential life sentences.
Garnet Orange SC, for the DPP, said the State accepts the pleas “on a full facts basis”.
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Ms Justice Karen O’Connor adjourned the matter for a sentencing hearing on January 26th next year. She invited the victim, Barry Moore, to make a statement on that date. Michael Lynn SC, for Mr Moore, told the court that his client does not intend to make a statement.
Mr Moore was arrested on foot of a bench warrant last Thursday after he failed to show up for the trial. When brought to court, he repeatedly refused to enter the witness box to give evidence and told the three judges of the non-jury court: “I’m sorry to the three of you, but I am not giving any evidence in the trial ever. I’m finished with it. I apologise to the three of you.”
When the court warned Mr Moore that he could face a prison sentence for refusing to co-operate in a criminal trial, he maintained his position that he would not be giving evidence.
The DPP asked the court to rule that statements Mr Moore made to gardaí after the assault should be admitted as evidence into the trial, without the injured party taking the stand.
Lawyers for the defendants were expected to argue that Mr Moore’s statements should be ruled inadmissible because he was not making himself available for cross-examination.
Mr Orange said the State intended to call supporting evidence such as photographs of Mr Moore’s injuries and medical evidence. He said the State would also rely on CCTV footage as well as evidence of blood stains at the location of the assault and other materials consistent with Mr Moore’s account, including a “cattle brand”.
Counsel said the court would also be asked to draw inferences from the defendants’ alleged failure to answer certain questions during Garda interviews.
Following Monday’s pleas, Mr Orange said the State sees no reason to keep Mr Moore in custody and he will be released.
