WICKLOW COUNTY Council has successfully argued the trial relating to the deaths of two of its firemen in a fire at a disused factory four years ago be moved to a court outside the county.
At the Circuit Criminal Court sitting in Bray, Co Wicklow, yesterday, Judge Michael O’Shea agreed to an application by the council for the trial to be relocated to Dublin Circuit Criminal Court.
The council faces four charges over the deaths of Mark O’Shaughnessy (25) and Brian Murray (46), who were killed as they battled the fire at Adelaide Villas, Bray, in September 2007.
Aileen Donnelly SC, for the council, said there would be severe difficulty empanelling jurors who would have no knowledge of the case if it proceeded at Bray Circuit Court, given the deaths and court hearings had generated huge publicity.
She said the funerals of the men had taken place in Bray and there was a large number of people in the area who would know council employees and members of the fire service. Members of the public who will give evidence would possibly be known by jurors also, Ms Donnelly added. The deaths had generated “adverse publicity”, she said, pointing out everybody in the county had some “relationship” the council.
She mentioned reports in local newspapers the Wicklow People and Wicklow Times, adding “various opinions” had been attributed to different people in some local reports about the incident.
One recent report in the Wicklow Times, she said, along with other legal matters concerning the council, included reference to the trial regarding the deaths of the firemen. This “effectively amounted to a criticism of Wicklow County Council” and contributed to the difficulties around the trial being heard in Bray.
National coverage of the deaths was “more defused” and would not impact on a Dublin-based trial, she said, submitting exhibits of newspaper articles which reported on “every step taken by gardaí” in the case, including arrests.
Submissions to the court by Tom Murphy, the council’s director of corporate services, referred to a “constant barrage” of “negative” newspaper reports on the case which were “particularly acute” in the local press.
Ms Donnelly said there were 133 witnesses listed in the book of evidence, which may increase during the trial. She estimated, the trial would take “in the region” of six weeks.
The Director of Public Prosecutions did not object to the application. Judge O’Shea said he was satisfied there was a case to transfer the trial. He adjourned the case to December 13th at Dublin Circuit Criminal Court.
In court yesterday were Mary Murray, wife of the late Brian Murray, and some of their 15 children. Hazel O’Brien, partner of the late Mark O’Shaughnessy, also attended. The council faces four charges under the Safety, Health and Welfare at Work Act 2005. If found guilty of all four it faces a total fine of up to €12 million.