A former Army corporal, who attempted to "attack one of the fundamental pillars of the Irish justice system" by trying to influence a juror in a criminal trial, has been jailed for four years.
James Walsh (45), Mountainview Drive, Rathfarnham, was convicted by a jury last Thursday of trying to influence the juror in the trial of the Director of Public Prosecutions v Black and Fitzgerald heard in May-June 2003 at Dublin Circuit Criminal Court.
Judge Donagh McDonagh refused an application by Walsh's counsel, Peter Finlay SC, for leave to appeal against the severity of the sentence. He said Walsh had committed "as serious an attack as can be imagined" on "our justice system", and his sentence should reflect the fact.
Moreover, while giving evidence Walsh had levelled "baseless and distasteful" accusations at Det Sgt Joe O'Hara, the chief investigating garda in the case. The judge said Walsh's attempts to influence the juror had involved jeopardising the position of an "ex-Army comrade".
A jury of four men and eight women convicted Walsh of attempting to influence a juror, but acquitted him of attempting to pervert the course of justice by calling a brother of one of the jurors and asking him if the man could be "swung". The brother, who served in the Army with Walsh, is now a prison officer. Judge McDonagh said Walsh had jeopardised the officer's position by calling him, and had given an account of the phone conversation to the jury that he found "incredible". He added that he believed the prison officer's account of the conversation was "honest and truthful".
Walsh had been present when a jury was sworn in for the Fitzgerald and Black trial before Judge Michael White on May 25th, 2003 and was seen taking down notes.However, Walsh explained to he judge that he was simply noting down how many members of the jury were male and how many female.