Two held over fracas during murder trial

Two men have been remanded in custody after a fracas broke out at the Central Criminal Court in Cork yesterday.

Two men have been remanded in custody after a fracas broke out at the Central Criminal Court in Cork yesterday.

As the judge and jury were waiting to hear evidence from a witness in a murder case, gardaí arrested two men in the public gallery area of the court.

They were brought from the court and placed in custody in the Bridewell Garda station.

The incident occurred during the trial of Michael McCarthy (24), Ballyspillane, Killarney, for the murder of Michael Faulkner on August 23rd, 2004, at Mitchell's Crescent, Tralee. Mr Justice Paul Carney and a jury of six men and six women are hearing the case.

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The men remanded in connection with the fracas were later brought back to court for a hearing before Mr Justice Carney.

John Faulkner (24), Dunmore Gardens, Knocknaheeny, Cork, and Charles Faulkner (27), Pine Valley, Ballyphehane, Cork, were charged with contempt.

Garda Donal Hegarty told the court that at 10.10am while he was in the public area of courtroom number two he saw John Faulkner kick Patrick McCarthy.

Garda Hegarty arrested Mr Faulkner and took him from the courtroom. Sgt Alan Cronin arrested Charles Faulkner during the incident. Sgt Cronin said he saw Charles Faulkner "trying to get at the McCarthy family".

He also alleged that he made threatening gestures.

Mr Justice Carney told the men that they would be prosecuted for contempt. "I have unlimited powers of fine and imprisonment - this is an extremely serious matter," he said. He remanded both men in custody to appear again on Tuesday afternoon.

After the incident the trial resumed and the court heard from John Faulkner (48), a brother of the dead man.

He told the court that he saw Michael McCarthy attacking his brother. "I saw my brother down on the ground - I saw Michael McCarthy driving a slash hook through my brother."

In a heated exchange with defending barrister Anthony Sammon, Mr Faulkner repeatedly said he was telling the truth about the events on the night of the killing. "There are no lies - that's the man [ Michael McCarthy] who killed my brother."

The trial continues on Tuesday.