A call to the brother of a jury foreman asking if he "could be swung" was an attempt to influence him and pervert the course of justice, it has been alleged at Dublin Circuit Criminal Court.
James Walsh (45), Mountainview Drive, Rathfarnham, has pleaded not guilty to attempting by corrupt means to influence a juror in the trial of Seán Fitzgerald and Jason Black on June 4th, 2003.
He has also pleaded not guilty to attempting to pervert the course of justice by calling the brother of the jury's foreman on the same day and asking him if he "could be swung".
The court also heard that the jury Mr Walsh allegedly attempted to influence was sequestered in a hotel at the time he phoned the foreman's brother.
"Short of being James Bond, he would have had no way of making contact with the jury," senior defence counsel Peter Finlay suggested to Det Sgt Joseph O'Hara, who agreed that stringent security measures had been taken to ensure the jury could not be contacted at the hotel.
Sgt O'Hara had earlier told Fergal Foley, prosecuting, that Mr Walsh was seen sitting at the back of the courtroom when a jury was sworn in on May 26th, 2003, for the trial of Seán Fitzgerald (55), Dunmore Park, and Jason Black (30), Tyrnonville Drive, both Tallaght.
Fitzgerald and Black had been charged with handling a stolen car and setting fire to parts of it on dates unknown between May 20th and May 26th, 1999. They were later convicted and were jailed for five years each on July 29th, 2003.
Sgt O'Hara said Mr Walsh was seen taking notes as the jury was sworn in. His behaviour was brought to the attention of Judge Michael White, who warned Mr Walsh he could face severe penalties if attempts were made to interfere with the jury.
Mr Walsh told Judge White he was counting how many men and women were on the jury.
Sgt O'Hara said he spotted Mr Walsh often in the precincts of the court as the trial continued before Judge Frank O'Donnell for seven days.
Sgt O'Hara said that on June 4th, 2003, the jury retired to a hotel for the night around 7pm after deliberating for some time. On the same day, some time after 10pm, the brother of the foreman of the jury received a phone call from Mr Walsh.
Mr Walsh told him his brother was serving on "a hung jury" and asked if he could be "swayed" or "swung". The foreman's brother, a prison officer who served in the Army with Mr Walsh, told him to "f*** off" and demanded of Mr Walsh how he had dared ask such a question.
The jury foreman's brother then rang a retired garda, who had also served in the Army with him and Mr Walsh, and eventually, in the morning, contact was made with Sgt O'Hara, who told Judge O'Donnell of the call.
Sgt O'Hara agreed with Mr Finlay that by the time the report of the call was made to Judge O'Donnell, the jury had found Fitzgerald and Black guilty. No attempts were made by the jury foreman's brother to contact the foreman about the phone call from Mr Walsh.
Sgt O'Hara said Mr Walsh had first attempted to get in touch with the foreman's brother on June 2nd, 2003, two days before the jury retired. Phone records later showed his first call lasted 36 seconds.
Mr Walsh did not call again until June 4th, 2003, after the prison officer sent a text to Mr Walsh saying something to the effect that it had been a long time since they had been in touch and it was nice to hear from him.
Sgt O'Hara agreed with Mr Finlay that at the time the calls were exchanged between the two men, arrangements were being made for an Army reunion.
Sgt O'Hara said phone records showed Mr Walsh was at the Submarine Bar in Crumlin when he made the 10pm call to the foreman's brother. CCTV footage showed both Fitzgerald and Black were also in the pub.
The trial continues.