A convicted arsonist whose attack on Tallaght Garda station in Dublin two years ago led to the death of a Garda sergeant has been jailed at his own request.
In the Central Criminal Court last week a jury unanimously convicted Daniel O'Toole (37), of Cashel Avenue, Crumlin, of arson with intent to damage property on July 21st, 1999, at Tallaght Garda station.
The jury was discharged after failing to agree verdicts on two other charges, the capital murder of Sgt Andrew Callanan, acting in the course of his duties, or the simple charge of murder of Sgt Callanan.
After the jury had delivered its verdict on the arson charge Mr Justice Carney deferred sentencing until the outcome of a retrial on the outstanding charges.
He rejected calls from Mr Peter Charleton SC, prosecuting, to set a date for sentencing for that conviction, saying that it was "part of a bigger picture" and would be deferred. He released O'Toole on bail but said that if he "so much as looks at a prosecution witness or causes any concern whatsoever" he could be brought before the judge at any time and his bail revoked.
Earlier yesterday, when the case was mentioned before Mr Justice Carney, Mr George Bermingham SC, defending, said that O'Toole now wished to go into custody. The judge said it would be inappropriate for him to make such an order and he declined to do so.
However, Mr Justice Carney committed O'Toole to custody yesterday afternoon. He said that in the course of the morning he had thought about the case and, having reviewed O'Toole's reading material, The Jolly Roger Cook Book and The Terrorist's Handbook, he was reversing his earlier decision. He ordered that O'Toole, who appeared in court on crutches, be immediately taken into custody. He will now be sentenced on the arson charge on July 13th.
During his trial the court heard that O'Toole had read The Jolly Roger Cook Book and The Terrorist's Handbook before he set fire to Tallaght Garda station. The books contain information on how to use ordinary household chemical pro ducts to cause unlawful damage. They also explain how to make improvised weapons.
Shortly after 4 a.m. on July 21st, 1999, O'Toole walked into Tallaght Garda station and poured petrol around the public area. He then set it alight. Sgt Callanan died in the fire which followed.