ONE of three men from the Tallaght area charged with the malicious wounding of another man was refused bail yesterday when Mr Justice Carney in the High Court decided a witness was threatened.
The judge said that in relation to Mr Michael Warner, of Knockmore Park, Killinarden, a witness had been threatened on his behalf and was in genuine fear.
Mr Denis Brunt, of Donomore Park, Killinarden and Mr Cecil Johnston, of Donomore Cresent, Killinarden, gave undertakings they would not patrol in the Tallaght area in an intimidatory manner, would not intimidate witnesses, would reside at home and report daily to gardai
Mr Justice Carney fixed bail in Mr Brunt and Mr Johnston's own sureties of £1,009 each and independent sureties of £3,000 each.
Garda Sgt Anthony Egan, of Tallaght station, gave evidence that the charges involved a Mr Liam Gannon who, on October 8th last, received three breaks to his left arm had had to have a steel plate inserted. There was damage to his left leg.
Mr Gannon, said Sgt Egan, had been approached by seven persons outside his home at Donomore Avenue. Four had balaclavas and three were unmasked.
The three unmasked persons set upon Mr Gannon and attacked him with baseball-type bats. Mr Gannon named the three alleged culprits and his girlfriend, Ms Louise Kiernan, identified one of the men.
Sgt Egan said on November 4th last during searches of the homes of the applicants, gardai found iron bars four feet in length; a three-foot sword; a variety of batons and a two-foot length of co-axial cable which was taped at one end for gripping purposes, and a balaclava.
Sgt Egan said the three men had been remanded to next Monday's sitting of Rathfarnham District Court. He told Mr Justice Carney each of the men had previous convictions relating to offences in the 1970s.
He was opposing bail in the three cases. In relation to Mr Warner he was opposing bail on the grounds of intimidation of a witness, Ms Kiernan. If the men got bail he was asking that the court impose special Conditions.
Mr Maurice Collins, counsel for the three, asked whether - apart from Mr Warner - Sgt Egan had any objection to the other two men being granted bail.
Sgt Egan said he believed the threats made to Ms Kiernan were realistic and that it was a threat made on behalf of all three men.
Garda Supt Patrick Fennessy said he took the threat to a witness very seriously and had introduced extra patrols where the witness and injured party lived. The nature of the attack was savage.
Ms Kiernan, in evidence, said she met a sister of Mr Warner who had said that if he (Mr Warner) was going down he was not going down on his own. Ms Kiernan said she was terrified.
In reply to Mr.Collins she said she had identified one of the attackers as Mr Warner. She had been talking to Mr Warner's sister.
Mr Collins said Ms Kiernan appeared to have been quite happy to speak to Mr Warner's sister. Ms Kiernan said the sister did not send the brother out "to do it". The sister did not threaten her, she just told her. She was not approached by Mr Warner's sister. It was in the course of conversation.
Mr Warner, in evidence, said the first time he met Ms Kiernan was at the community centre after the alleged incident. She approached him. He was a member of the housing committee and she asked could she get a window fixed. She never accused him of being involved in any attack. He had no hand, act or part in conveying a threat to Ms Kiernan.
Mr Warner said he wanted to carry on the anti-drugs campaign. This man (Mr Gannon) did not have any drugs problem as far as he knew. He (Mr Warner) had no, part in this attack.
He would give an undertaking not to go near Ms Kiernan's road.
Mr Justice Carney said the evidence of intimidation was against Mr Warner alone. Mr Johnston and Mr Brunt were entitled to bail.
Mr Brunt gave an undertaking not to patrol in the Tallaght area in an intimidatory manner and would reside at home and report daily to the Garda station.
Mr Johnson said he was very involved in his local community.
He was trying to understand the effects of the undertaking he was being asked to give. He attended meetings in relation to housing, drug treatment and he visited people.
It was his belief that any little comment or other act could be broadened out so much that he could be brought back before the court.
Mr Justice Carney said comment would not enter into the matter. So far as patrolling was, concerned he had indicated a high degree of proof would be concerned.