Legal argument continued yesterday in the Central Criminal Court trial of a Dublin man accused of the capital murder of a garda. Mr Daniel O'Toole (37), Crumlin, Dublin, denies the capital murder charge that at Tallaght Garda station, Dublin, he murdered Sgt Andrew Callanan. Mr O'Toole pleaded guilty to manslaughter. If he is found guilty of capital murder he will be given an automatic 40-year prison sentence. He also pleaded not guilty to a charge of simple murder and not guilty to a charge of arson. It is the State's case that in early hours July 21st, 1999, Mr O'Toole entered the public area of Tallaght Garda station armed with two canisters of petrol and two flares and announced that gardai had "two minutes to evacuate the building".
Mr Peter Charlton, prosecuting, said Sgt Callanan approached with a fire extinguisher and came through double doors barring public access to the rest of the station. Two other colleagues standing in the doorway accompanied him, holding the safety doors open.
Mr Charlton said one of the gardai said that by the time the sergeant came to the door, the man lit both flares, saying to evacuate the station.
"Sgt Callanan's reaction was to spray the man with foam in the hope or expectation" of dealing with the situation without hurting him, he said.
"One of the flares in the man's hand moved downwards from the position he was holding and on to the floor. There was a flash. Garda O'Flynn was thrown through the door with the blast of the flame and Garda Malone retreated and got a second fire extinguisher," Mr Charlton said.
The public area was engulfed in flames and was locked. Sgt Callanan was trapped. Garda colleagues struggled to gain access to where he lay against a wall burning, but were driven back by the heat.
The court has heard that Mr O'Toole had been facing a number of family problems, that a barring order had been placed upon him and he had been denied access to his children. The trial before Mr Justice Carney and a jury continues.