A man accused of falsely imprisoning a family was "effectively caught red-handed by gardaí" as he tried to escape, prosecution counsel stated yesterday.
John Edwards SC opened the State's case against Gerard Clarke (38), St John's Terrace, Upper John Street, Cork.
Mr Clarke denies five charges including two of falsely imprisoning off-licence chain owner Gary O'Donovan and his wife Katie, who was six months pregnant at the time, at their home in Mount Oval Village, Rochestown, Cork, on May 2nd-3rd, 2005.
Mr Edwards told the jury at Cork Circuit Criminal Court yesterday that Ms O'Donovan was with her four children when two masked and armed men forced their way into the house.
One of the men was armed with a gun and the other man, who was smaller, was armed with a stun gun. This second man spoke with a Northern Irish accent and threatened that if Mrs O'Donovan did not co-operate, they would kill her husband.
Mr Edwards said the State will assert that the smaller man was Mr Clarke and that he demanded money from the family's business base in Little Island and that he also demanded Ms O'Donovan's mobile phone and her car keys.
The State will say that Mr O'Donovan tackled the man with the gun when he arrived home at 10pm but was zapped in the back with the stun gun by the smaller raider, before being hit on the head with the gun by the taller raider.
The jury will also hear that Mr O'Donovan was told he would have to go to Little Island and empty the contents of a safe into a holdall and that if he co-operated, his wife and family would be safe.
Mr Edwards said the State will say that Mr O'Donovan was tied up with his shoe laces and a hood put over his head, but that he managed to free himself when the captor guarding him fell asleep and he went to a neighbour's house and raised the alarm.
He said the jury will also hear that gardaí were watching the house when two men emerged at 3.14am and tried to run when they were challenged by armed detectives, who told them to drop their weapons.
Mr Edwards said the State will say the smaller man was carrying a black object and that gardaí recovered a stun gun from his pocket, as well as Ms O'Donovan's car keys.
Gardaí identified this man as Clarke and the State will say that, while both men wore balaclavas when they were in the house, they were seen leaving by gardaí and were found to have items which the O'Donovans saw their captors with in the house.
"The State says they were effectively caught red-handed trying to escape . . . that the two men arrested outside the house were the two men who subjected Katie O'Donovan and Gary O'Donovan to this experience in the house," Mr Edwards said.
The case continues today.
