ON THE eighth day of the Athy murder trial yesterday, a Garda said he had made every effort to obtain a solicitor for the accused man. However, the solicitor requested by Mr Stephen Davis while detained in Athy Garda Station on October 21st, 1995, was unavailable and another solicitor had arrived some time later.
Sgt James O'Mara was being cross examined by Mr Barry White SC, for Mr Davis (20), of Clonmullin, Athy, Co Kildare, who has denied the murder of Ms Mary Doogue (30), of the same address, on October 20th, 1995. Ms Doogue was pronounced dead on October 20th from what the State pathologist, Dr John Harbison, said was delayed shock due to subdural haemorrhage contusion of the larynx, dislocated shoulder and a ruptured urinary bladder.
The trial at the Central Criminal Court has heard Ms Doogue and Mr Davis had a relationship for two years and he was the father of the youngest of her six children.
Sgt O'Mara said he had granted Mr Davis a rest period that night but agreed he had not told him he was entitled to rest periods or the circumstances under which those arose he had told Mr Davis just before midnight that interrogation would continue for up to another six hours and 25 minutes, if he did not sign a form suspending questioning.
He agreed he had not told him he could have a break after four hours. He agreed custody regulations entitle a detained person to reasonable rest while in detention.
He said he had not taken a note of a conversation he had with an investigating officer but denied a suggestion this did not take place.
He denied he had paid "lip service" to his function as member in charge of Athy station.
Sgt O'Mara said: "I think I was very fair in what I told him."
He denied a suggestion that the sole purpose of extending the detention of Mr Davis was to get an inculpatory statement from him.
Sgt O'Mara told Mr Kenneth Mills SC, prosecuting, that he was the member in charge of Athy station on October 21st, 1995, when a garda arrived at 6.50 p.m. with Mr Davis in custody.
The garda informed him that Mr Davis had been arrested on suspicion of the murder of Ms Doogue, the witness said.
He said he informed Mr Davis of his rights in custody, including his right of access to a solicitor. Mr Davis asked for a named solicitor but it was found he was away for the weekend and another solicitor was obtained, who had a consultation with Mr Davis that evening.
He also had a visit with his two sisters and a cousin, Sgt O'Mara said.
At 11.59 pm. he asked Mr Davis if he wished to suspend questioning until 7 a.m. on October 22nd. He showed Mr Davis a form which he had to sign for questioning to be suspended, which he signed.
He contacted the superintendent by phone and was granted a further six hour period of detention to begin at 7.25 a.m. Sgt O'Mara said he checked Mr Davis during the morning and performed a number of functions including informing Mr Davis about the taking of samples and the consequences involved.
He said he released Mr Davis from custody at 1.15 p.m. on October 22nd. At 1.20 pm. a garda arrived at the station with Mr Davis in custody and said he had arrested him for the murder of Ms Doogue.
Mr Davis was given a notice of his rights and charged at 1.23 p.m. He was visited by a sister at 2 p.m. and at 2.15 p.m. taken to appear in Carlow District Court.
The trial continues today before Mr Justice Budd and the jury.