A garda witness in a murder trial yesterday denied that he "concocted" a statement made by one of two men accused of murdering a Limerick barman four years ago.
Defence counsel Mr John Phelan SC, alleged that Det Sgt Gerry McGrath had concocted a similar confession when the detective was investigating the death of a man in Donegal in 1996.
In the Central Criminal Court, Mr Phelan, acting for the accused Mr Raymond Casey, put it to the witness that Mr Casey had made no admissions following his arrest on August 26th, 1997, for the murder of Noel Pyper. Mr Raymond Casey (37), of Ashe Avenue John Carew Park and Mr Anthony Casey (20), of Mount Pleasant Avenue, have pleaded not guilty to the murder of Noel Pyper on August 12th, 1997.
"During the course of the McBrearty business you were involved in the investigation, isn't that right?" Mr Phelan asked. "Yes My Lord," Det Sgt McGrath replied. Counsel put it to the witness that he had "conspired" with another detective to concoct that statement. "Certainly not," the witness replied. "You had your hand in it up to your shoulders," Mr Phelan continued. The witness disagreed. Mr Justice Carney told Mr Phelan that he was not "conducting an inquiry into Donegal" and warned that he "was totally out of control".
"It is not proper advocacy to throw the word McBrearty into the air every ten minutes" in the hope of bringing in a verdict favourable to the accused, the judge added.
The court earlier heard that Mr Raymond Casey confessed to following Mr Pyper on the night he was killed. Another witness, Sgt Seamus Nolan, said Mr Raymond Casey admitted "to an involvement in the murder" when told that his palm print matched one found near the murder scene.
"He told us that he did not want to do life," Sgt Nolan told the jury. The trial continues today.