A MAN charged with the murder a Tipperary farmer told gardai: "He wasn't meant to die, it was only meant to be a warning," the Central Criminal Court heard yesterday.
A second man also charged with the murder of Mr Danny Fanning (71) had denied involvement in the crime in the first hours of his detention, the court was told. Garda witnesses have denied that remarks said to have been made by both men were fabricated.
Mr Ivor Sweetman (46), from Bawnlea Green, Jobstown, Tallaght, and Mr Francis Palmer (26), from Foxborough Road, Lucan, Co Dublin, have pleaded not guilty to Mr Fanning's murder at Stephenstown, Rosegreen, Cashel, Co Tipperary, on February 6th, 1995.
On the trial's 13th day, the court heard that Mr Sweetman told Garda Sgt Mark O'Keefe during questioning on March 15th he had been at home all day on the date of the murder.
He was certain of this because on that day his partner got her children's allowance and they had bought "a few cans and stayed at home". His partner would confirm this, he said.
Del Garda James Hanley said that on March 16th, towards the end of his 48 hour detention under Section 30 of the Offences Against the State Act, Mr Sweetman was told two garda detectives were aware he had told other gardai about his involvement in Mr Fanning's death. Mr Sweetman had replied: "Then you know it so."
Cross examined by Mr Barry White SC, for Mr Sweetman, Del Han Icy accepted it was possible that statement could have been said with some sarcasm. "But my notes didn't record it," he said.
Del Hanley denied suggestions from Mr White that he had "blatantly ignored" custody regulations during his interrogation of Mr Sweetman.
He had "omitted" to record the time of the start and finish of the interview. He accepted that his statement entered in the book of evidence before the court did not contain the date it was prepared on.
Earlier in court, Del Hanley said Mr Palmer made several verbal admissions in interviews with himself and Det Garda Tom Byrne on March 9th and 10th.
When shown a statement his partner had made, Mr Palmer had said: "She's gone through hell over all of this . . . that's why she's told the story, it's been bothering her since I told her ..."
Det Hanley said Mr Palmer had later said: "I was only the driver, I was not in the house." Mr Palmer had told gardai he had never touched any guns but knew there was a baseball bat and a sawnoff shotgun. Det Hanley's notes recorded Mr Palmer had said: "They were to give him [Mr Danny Fanning] a blast of the gun and a few belts of the baseball bat."
The witness said Mr Palmer had said: "He wasn't meant to die; it was only meant to be a warning."
Del Hanley told Mr Kenneth Mills SC, prosecuting, that Mr, Palmer had said a baseball bat found in his home was his and that he had bought it in early January in a sports shop.
The witness said Mr Palmer had said he only bought one bat. He had denied the one found in Ms Rosaleen Fanning's car was his. Mr Alan Mullen, manager of a sports shop in Mary Street, Dublin, told the court he had bought a consignment of baseball bats, similar to two court exhibits, in late 1995.
Several garda witnesses said a bat shown to the court was found in Mr Palmer's house. Another bat shown to the court was identified as the one found in Ms Fanning's car.
Cross examined by Mr Anthony Sammon SC, for Mr Palmer, Del Hanley denied that statements alleged to have been made by Mr Palmer were "labrications".