A man accused of the shooting of publican Charlie Chawke during an armed robbery has failed in his attempt to call his alleged accomplice to give evidence in his defence.
Larry Cummins told the jury, "the judge won't let me get my co-accused in the door, the informer, the biggest rat of all". It was day four of the Dublin Circuit Criminal Court trial of Cummins (54), Mellowes Road, Finglas, who pleaded not guilty to intentionally causing serious harm to Mr Chawke, robbery of €48,652 in cash and cheques, possession of a shotgun with the intention to commit robbery and two counts of possession of a shotgun with the intention of resisting arrest at The Goat Grill, Goatstown and Stillorgan Heath on October 6th, 2003.
Judge Frank O'Donnell told the jury that the co-accused did not want to give evidence and said: "I see it as an empty exercise to bring him here, he is not compellable, that was my ruling given in your absence following submissions."
Brendan Nix SC, defending, then asked for his solicitor to be discharged from the trial and said: "I have instructions from my client that from here on in he wishes to conduct the balance of his defence himself". Mr Nix had not cross-examined any witnesses during three days of prosecution evidence and repeatedly told the court, "on the instruction of my client I have no questions".
Under cross-examination, Cummins told Paddy McCarthy SC, prosecuting, that he was not denying any of the evidence and said, "all my papers were destroyed, that's why I did not challenge anything because I want a retrial".
The jury heard that Mr Chawke got into his car outside the pub with a bag containing cash and cheques. He said that a man holding a shotgun opened the door and demanded the bag. Mr Chawke grabbed for the gun but missed and the raider fired a shot into his right knee. It was alleged that this man was not Cummins, but his accomplice.