The chief witness in the trial of five men accused of murder has alleged that four men were to be murdered on the night Kieran Keane was shot dead in Limerick and he himself was left fighting for his life.
Mr Owen Treacy told the Central Criminal Court jury yesterday that when he and Kieran Keane arrived at a house in Fairgreen, Limerick, on the night of the killing, one accused, Mr Desmond Dundon, placed hoods over their heads and taped their hands behind their backs.
Another accused, Mr Anthony McCarthy, pointed a handgun at them and ordered them to sit. The witness told the jury that he and Mr Keane were then asked to make a phone call to lure two brothers, Kieran and Phillip Collopy, "out the road" but refused to do so. Mr Blaise O'Carroll SC, for Mr Dundon, put it to the witness that he and Mr Keane were told they would be subsequently returned safely to their homes.
"My lord, what these men had in their heads was to kill the four of us on the 29th of January. The four of us were going to be killed," he replied.
"If me or my uncle Kieran made that call, there was four of us going to be killed." He added that the men "wanted us to get the Collopy brothers out on the Sandwell bank".
The witness told the jury they were in the house in Fairgreen for almost one hour during which time the men "went on" about getting the Collopys. "At no time were we going to lure the Collopys out the road - at no time."
Counsel asked if he was wrong in alleging that Mr Dundon tied their hands. "My lord, members of the jury, the man that taped my hands is Dessie Dundon," adding that he also "taped Kiernan's."
"I remember him twisting our hands," he said, putting his arms behind his back for the benefit of the jury.
The witness alleged that they were led out of the house by a Mr X, bundled into the boot of a silver Micra car and taken to another house in Roundwood.
They were then taken to a lonely road at Drombana where Keane was shot dead - allegedly by the accused, Mr David Stanners - and where the witness was stabbed 17 times.
Counsel put it to the witness that he "magically did a Houdini act" by getting out of his binds. "I had no other choice, my lord," he replied. It was either "life or death on the 29th of January," he added. Counsel then put it to him that Mr Dundon was never in Fairgreen.
"That's not correct, my lord. Desmond Dundon was in Fairgreen on the 29th of January."
How did you manage to escape and Kieran did not, counsel asked. "That's correct, my lord, he did not," Mr Treacy replied.
You did not go to any classes of Houdini or escapology? counsel inquired. No, the witness replied. "I was just lucky to get out."
"Do you know who Houdini was?" Mr Justice Carney interjected. No, the witness said. When it was explained that Houdini was a man who escaped from bonds and chains, he responded: "My lord, if you want to call me Houdini you can. I was just a bit luckier than Kieran on the 29th of January - that's the way I put it."
Mr Treacy identified the accused, Mr Stanners, as the third man in Fairgreen. He claimed he was one of two men wearing balaclavas who came from the kitchen area while he and Keane were held at gunpoint in the sitting room.
The witness said: "Frogs Eyes [Mr Stanners's nickname] spoke just one word - 'Well'."
Mr O'Carroll suggested to the witness that not only could he escape from his bonds, but he could also identify men in balaclavas. Mr Treacy replied that he identified Mr Stanners by his eyes and his voice: "He's a man I know all my life. No doubt whatsoever, my lord. I could identify David 'Frogs Eyes' Stanners."
Wearing a balaclava? Mr O'Carroll continued.
"That's right, my lord."
When pressed on why he could not identify the second man in the balaclava, the witness explained that he did not have a clear view of him because he stood directly behind Mr Stanners.
Earlier, Mr Justice Carney had rejected a defence application to discharge himself following defence claims that he had given the media "carte blanche" to say and write what they wished.
When the jury returned after legal applications, the judge told them he had heard certain matters in their absence relating to ongoing publicity. There was a "raging debate going on at various levels", including the Dáil.
Mr Justice Carney told the jury: "It would be idle of me to think I could put a lid on any national debate," adding that he had "no power to interfere with what's going on in National Parliament".
"I am satisfied," he continued "that we have a rapport between us that you are going to try this case on the evidence and the evidence alone."
This trial, he added, was going to proceed to a jury verdict, but he warned counsel that the case could not proceed on the basis that everyone was being "too precious".
Mr Justice Carney also warned the media that a major trial was in progress and it must not be prejudiced. He also said that in "calmer waters" when the trial was over he might refer certain media coverage to the Attorney General.
