The jury in the trial of a garda accused of threatening his former girlfriend and by doing so, intending to pervert the course of justice, will retire this morning to consider its verdict.
Cross-examination of Garda Pat Keating (33), Woodlands, Cahercalla, Ennis, concluded yesterday at Ennis Circuit Court as did the prosecution and defence cases.
Judge Carroll Moran started his address to the jury late yesterday before adjourning until this morning, when he will complete his charge.
Garda Keating, who was stationed in Shannon for nine years until he was suspended from duty in August 2004, denies the charge.
He is accused of threatening Eavan Drysdale, contrary to section 41 of the Criminal Justice Act 1999, during a telephone conversation on August 18th, 2004.
It is alleged that Mr Keating said to Ms Drysdale: "If I'm going down, you're going down with me," a reference to a prosecution facing Mr Keating in which Ms Drysdale was a witness.
Mr Keating denied making such a threat, claiming he had nothing to fear from that case. He said it was the most minor of public order offences and that his job would not even be at risk as a result.
Closing the State's case, Stephen Coughlan SC, prosecuting, told the jury that on August 18th, the night of the alleged offence, Ms Drysdale had sent a blank text message to Garda Keating in error.
Subsequently, three telephone conversations took place between the pair. During the last call, Garda Keating told Ms Drysdale: "If I'm going down, you are going down with me."
Garda Keating is also alleged to have said: "You are the next Geraldine Kissane," a reference to a Shannon woman who was shot dead by her former boyfriend in October 2001 before he turned the gun on himself.
Garda Keating has denied saying any of this.
Thomas Creed SC, counsel for Garda Keating, told the jury that his client did not threaten Ms Drysdale because he was not concerned about the public order offence against him, which he described as "trivial."
He said Garda Keating faced a charge in the district court of being "offensive to a person between midnight and 7am.
"If you are offensive to a person during the day, it is not even an offence," Mr Creed said
Judge Moran will complete his address to the jury this morning. The jury will then retire.
If convicted, Garda Keating could face a maximum of 10 years in prison.
The jury was also told by Judge Moran that it was required to return a unanimous verdict.