A statement to gardai by a Limerick man admitting involvement in the murder of a 26-year-old moneylender was not made under duress, the Central Criminal Court was told yesterday. Mr Noel Kelly (19) pleaded not guilty to the murder of Mr John Keane at the house they shared in O'Malley Park estate, Southill, Limerick, on July 5th, 1996.
Det Garda John Nagel told defence counsel, Mr Michael McMahon SC, that he and Det Garda Patrick Cox had treated the accused man with the utmost respect throughout their interrogation of him under Section 30 of the Offences Against the State Act on July 22nd last.
In reply to repeated suggestions that Mr Kelly had been pushed, poked and verbally abused in garda interviews, Det Garda Nagel said this was "totally incorrect". He said no complaints had been made to him by Mr Kelly, nor had he requested a solicitor in his presence.
Mr McMahon said the accused had been in custody for 27 hours by the time the statement was made and during that time he had been subjected to 12 1/2 hours of questioning.
Det Garda Cox said Mr Kelly had made all the comments attributed to him in Garda memos of interviews with him.
He agreed with Mr McMahon that a map shown to the accused on which it is claimed he highlighted where he left the shotgun used in the killing was almost "indecipherable".
Sgt Denis Palmer of Roxboro Road Garda station said allegations that the accused had been ill-treated during interviews he and another garda had held were "a complete fabrication by the accused".
Sgt Palmer said he was present when Mr Kelly was being processed on arrival at the Garda station following his arrest. When he was informed he could ask for a solicitor the accused made no reply, he said.
The trial continues before Mr Justice Morris and a jury on Monday.