A DUBLIN man who “directly collapsed” a murder trial at the Central Criminal Court two weeks ago has been jailed for three months for contempt of court.
Stephen Kavanagh, of Whitestown Park, Hartstown, Blanchardstown, had been one of the prosecution’s key witnesses in the trial of Aidan Finnegan, who pleaded not guilty to murdering Dara McCormack (22) in February 2006 near his Blanchardstown home.
In his evidence to the trial on July 8th last, Kavanagh (30) said Mr Finnegan rang him on the evening of the killing asking him to arrange a meeting with Mr McCormack in a laneway in Hartstown. Kavanagh said Mr Finnegan had said he “wanted his money from Dara”.
The trial heard Kavanagh contacted Mr McCormack, who agreed to meet Mr Finnegan. A few hours later he heard a gunshot and ran outside to find Mr McCormack shot on the ground, asking for an ambulance. Kavanagh dialled 999 and then cycled to Mr McCormack’s father’s house to tell him his son had been shot.
During cross-examination by Mr Finnegan’s defence counsel, Patrick Marrinan SC, Kavanagh refused to answer further questions. The jury was discharged as a result and the trial collapsed.
Yesterday, Bernard Condon SC, prosecuting, said Kavanagh had “directly collapsed the trial” and his conduct was the “sole” factor in the jury’s discharge. Kavanagh’s defence counsel, Iseult O’Malley SC, told the court he accepted responsibility for this, but said it had not been “a deliberate ploy”.
She said it was clear he had little in the way of “mental resources”.
Ms O’Malley accepted he had been “lacking courage” but said he was in a difficult situation because he had given contradictory statements to gardaí and so was “always going to be a target for acute questioning” from the defence.
She said he was simply unable to cope with the situation.
She said Kavanagh was sorry, but felt he was “under a burden he couldn’t cope with”.
Mr Justice Garrett Sheehan said Kavanagh had actively resisted questioning, despite the intervention of the court, a warning he could be jailed for contempt, and an adjourning of his evidence to allow him to consider his position.
He said the appropriate sentence was nine months, but he was suspending the final six months in light of the fact Kavanagh had apologised to the court, had given evidence on behalf of the prosecution and had answered some questions under cross-examination.
Mr Finnegan will be tried again at a later date.