Man accused of murder alleged prosecution witness was `a rat'

A Dublin man accused of murder allegedly told gardai that one prosecution witness was "a rat" and another "should be afraid" …

A Dublin man accused of murder allegedly told gardai that one prosecution witness was "a rat" and another "should be afraid" of him.

A jury heard that the alleged comments were made to gardai by the accused during his detention just days after the killing. The two men he is alleged to have made the remarks about are the chief prosecution witnesses against him.

It was the sixth day of the Central Criminal Court trial of Mr Michael McDonnell (42) of Harelawn Green, Clondalkin, who has pleaded not guilty to the murder of Mr Martin Sweeney (36), of Gurteen Avenue, Ballyfermot, in fields adjacent to Mill Lane, Palmerstown, Dublin, between May 27th and 28th, 1999.

Two prosecution witnesses, Mr Alan Gray and Mr Francis Fagan, have alleged that the killing followed a drunken row between Mr McDonnell and Mr Sweeney. They told the trial that they saw Mr McDonnell beating and kicking Mr Sweeney.

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The jury was told that Mr McDonnell was arrested on suspicion of murder on May 31st, 1999. In an interview with Sgt Ian McLaughlin and Det Sgt Gabriel O'Gara later that night, he was asked what he had to say to Mr Fagan's allegations. Mr McDonnell allegedly responded: "Well, is your little rat going to court to say that?"

When it was put to him that Mr Alan Gray said he had assaulted him and that he saw him kick Mr Sweeney, the accused allegedly replied, "Did he now?" and went on to say, "He is afraid of his own shadow." The interviewing detective told him, "Well, he is afraid of you anyway," to which Mr McDonnell allegedly replied, "And so he should be."

In a later interview with Det Garda Robert Cooper and Det Garda Brendan Cahill, Mr Fagan's allegations were again put to him. The accused allegedly replied: "I wouldn't mind him, he's only a f . . . ing rat", and to further questions replied, "Ask him, the rat."

Mr McDonnell did not sign the memos of the garda interviews. His counsel, Mr Anthony Sammon SC, said his instructions were that Mr McDonnell made no replies to any of the questions put to him save to say that on the advice of his solicitor he had nothing to say.

The case continues before a jury and Mr Justice Butler.