A High Court judge was today accused of intimidating witnesses in a Limerick murder trial after the judge warned two hostile witnesses they could face life imprisonment if they commit perjury.
In the Central Criminal Court, Mr Justice Carney said the entire transcript in the Liam Keane trial is being sent to the DPP to examine what, if any, offences have been committed by prosecution witnesses in the case.
His comments came as the judge warned two hostile witnesses that the penalty for perjury is a maximum term of life imprisonment and up to five years for providing gardai with false information.
As the trial entered its third day, a total of five witnesses have been declared hostile and one held in contempt after they refused to testify or gave evidence contradicting earlier garda statements.
As Mr Justice Carney warned witness Mr Stephen Blackhall against self incrimination, defence counsel Mr John Phelan SC accused the judge of making "veiled threats" and attempting to intimidate the witness.
Mr Blackhall, in a detailed garda statement, alleged that he saw the accused man stab the deceased, Eric Leamy, in the side before running away and that Mr Leamy was unarmed.
However, on the stand the witness denied having said this and claimed he was not there at all.
In a heated exchange between Mr Phelan and the judge, Mr Phelan said: "Your lordship is attempting to intimidate the witness into retracting what he said on oath".
Seeking to have the jury discharged, counsel added that comments such as "perjury", "life imprisonment" and "five years" could prejudice the jury.
However, Justice Carney retorted that it was his duty to issue a warning against self-incrimination and he felt it necessary that this be done.
He told counsel that the entirety of the transcript of this trial will now go to the DPP to see what, if any, offences have been committed in this case.
"There isn't a single word of admissible evidence against your client. I'm not going to treat the jury as simpletons", he told Mr Phelan, adding that the jury would be fully warned at the appropriate time.
Another witness, Mr Tony McMillan also received a self-incrimination warning after he denied making a statement saying he also saw the accused man stab Eric Leamy. Justice Carney advised the witness that "if a person perjures themselves in this court" they are liable to prosecution and could face life imprisonment.
If the witness felt his answers would render him liable, he should decline to answer, advised the judge. When asked if he fully understood, Mr McMillan said he did.
Portions of his statement were then read to the jury. In it he stated that he saw Liam Keane hit Eric Leamy with a piece of timber. "I could see Eric had no knife...I saw a Knife in Liam's left hand. I saw Liam sticking the knife into Eric Leamy."
However, when Mr Shane Murphy SC, prosecuting, asked the witness if this was true, he said it was not. "I didn't say those words," Mr McMillan said. "You did" counsel suggested. "I didn't" the witness replied.
Earlier, counsel put it him that the statements were signed. "I didn't know what I was signing. I wasn't in the right state of mind" he said.
Liam Keane (19) of Singland Gardens, Ballysimon, Limerick, has pleaded not guilty to the murder of Eric Leamy (19) of St Munchin's St, St Mary's Park, Limerick on 28th August 2001 at Lee Estate, Island Road, Limerick.
The trial was adjourned until 2 p.m. Monday.