Ms Liz McGrath, a solicitor from Nenagh, Co Tipperary, yesterday applied to the court to have released a Tipperary farmer who was jailed for 18 months for contempt during the trial. On January 20th, Mr Patrick Harty (53), a bachelor farmer, of Clonolea, Toomevara, was sentenced to 18 months for contempt after he refused to give evidence.
Ms McGrath said her client had been summonsed as a prosecution witness on the basis of four statements he made to gardai "in carrying out his civic duty as a citizen of the Republic".
She said he was "in an obvious distressed condition and obviously under a lot of pressure" when he refused to take the oath and give evidence and was not in a position to take legal advice.
"Mr Harty is sitting in jail, not a happy man and not just because of the term of imprisonment," she said.
Ms McGrath said she was aware of certain pressure put on Mr Harty. This had suggested to him that the least painful way out of his dilemma would be to change his solicitor. But being a religious man he was not prepared to take this way out.
She said she had reason to believe that further pressure was put him which led him to fear for his own safety and the safety of others. Mr Harty was unable to withstand any more pressure.
His failure to carry out his civic duty preyed deeply on his mind and he had told her: "Liz, I fell at Beecher's Brook."
She said Mr Harty was "a decent, honourable, loyal man who did not wish to give offence to anyone".
"The only reason he has found himself before this court is due to his obliging nature and sense of loyalty to the past which was clearly manipulated."
She applied to have him released because he had purged his contempt or alternatively she applied for leave to appeal against the sentence and for Mr Harty to be granted bail pending the appeal.
Mr Justice Johnson, presiding, said the court would deal with Mr Harty's case tomorrow.