Two men who handled a stolen sports car and were caught on a Garda video in the process of setting parts of it on fire, have been jailed for five years by Dublin Circuit Criminal Court.
Seán Fitzgerald (57), Dunmore Park, and Jason Black (30), Tymonville Drive, both in Tallaght, were convicted by a jury following an eight-day trial in which their counsel fought the case, as Judge Frank Donnell described, "line by line, word by word, comma by comma". They had pleaded not guilty to two charges each of handling the stolen car and arson between May 20th and May 26th, 1999.
Judge O'Donnell, who had adjourned the sentence hearing twice to facilitate a Garda investigation into an attempt made to "nobble" the jury on the penultimate day of the hearing, said the trial had amounted almost to "trench warfare" at stages.
He said it had once reached a point where it had been suggested by defence counsel that the whole case was "a total fabrication".
Judge O'Donnell said he was satisfied with the evidence of chief investigating officer, Sgt Kevin Dolan, and Garda surveillance footage shown in the trial.
He said he was also satisfied with the evidence given in court by the prison officer who had been contacted to see if the jury could be made to "swing".
Mr Thomas McGrew, whose brother was the foreman of the jury, told Judge O'Donnell he had received a phone call during the trial by a man with whom he had formerly served in the army, who told him his brother was serving in the jury and asked whether "the jury could be swung".
Mr McGrew said he replied "f... off" and hung up. He was not sure whether it was a genuine attempt and called a former colleague, who was a retired garda, to inform him of the phone call. The former garda had then informed the court of the phone call.