Accused tells jury murder charges were dropped

A man who was charged with the double murder of two young men whose bodies were dumped in the Grand Canal has told the Central Criminal Court the charges were dropped without explanation last Monday.

The court today lifted a gagging order preventing the media from mentioning the murder charges, or that that they were withdrawn, after the accused informed the jury himself, despite contrary advice from trial judge Mr Justice Liam McKechnie.

Mark Desmond, who is standing trial for unlawful possession of firearms and ammunition with intent to endanger life, alleged that the chief prosecution witness, Ms Rachel Stephens, falsely implicated him in the murders of Darren Carey and Patrick Murray.

The bodies of the victims, aged 19 and 20, were recovered from the Grand Canal, near Karneystown, Co Kildare, on 9 and 10 January 2000.

The jury heard that Ms Stephens, who is now in the Witness Protection Programme, subsequently retracted her statement implicating the accused in the murders.

Mark Desmond, who is defending himself, alleged that her statement contained a number of serious inaccuracies.

He said Ms Stephens had alleged that Patrick Murray and Darren Carey were put into his [Desmond's] Punto car from which their bodies were dumped when in fact that car had been "off the road" before the murders.

He further claimed that Ms Stephens, a former heroin addict, was pressurised into making statements against the accused in February 2000.

In evidence, Det Inspector Padraig Kennedy told the court he did not know why the charges were dropped as that was a matter for the DPP.

He also denied that Ms Stephens was under any pressure from gardai.

Det Inspector Kennedy said that in early September last year, certain documents were stolen from the Dublin District Court and passed out through a window.

This occured after deposition hearings when Ms Stephens retracted her statement. The documents were subsequently found in a bin at Dunawley Avenue, Clondalkin.

On 14 September, Rachel Stephens "retracted her retraction" and told gardai she was "in fear".

"She indicated she was terrified," Det Inpsector Kennedy added.

Cross-examined by Mark Desmond, he said he did not know when Ms Stephens entered the Witness Protection Programme.

The accused then put it to the witness that Mr Tony Long had been arrested for the same firearms offences with which the accused is now charged.

He told the court that Mr Long claims that while in custody, senior gardai informed him they had serious reservations about the guilt of the man who was then charged with the murders. This referred to the accused, Mark Desmond.

Det Inspector Kennedy replied that he was not aware that Mr Long had been arrested.

"Well I'm after telling you he was," the accused said.

The accused told the jury that Mr Long was prepared to testify to this effect had the murder trial gone ahead.

He said another man Mr Derek (Dee Dee) O'Driscoll was also prepared to come to court and, indeed was now in court "overseeing the proceedings."

"Did you see Derek O'Driscoll?" the accused asked.

"I did see him, yes" Det Inspector Kennedy replied.

Asked if he remembered Mr O'Driscoll from 1996, the witness said he did. Mr O'Driscoll was convicted of bribery as part of the investigation into the Veronica Guerin murder.

The court heard that another prosecution witness, Jonathon Desmond, made statements implicating the accused in the firearms charge. Det Inspector Kennedy agreed that he had not implicated Mr Desmond in the double murder.

Det Inspector Kennedy said Jonathon Desmond was never arrested in connection with the murder.

He was arrested on suspicion of having information on firearms at Ayler Bridge, Karneystown, Co Kildare between December 28 1999 and January 9 2000.

The accused told the jury he is being "stitched up" on "trumped up" firearms charges now before the court and has spent two and a half years in custody.

He also said he had released details to the media on the inaccuracies in Rachel Stephen's statement and that a named reporter was going to publish this in a Sunday newspaper this Sunday.

Mr Justice McKechnie told the accused that because he was defending himself, he had been given "enormous leeway".

He said he had warned him against raising the murder charges before the jury but this advice was ignored.

If the accused does not confine himself to proper cross examination of witnesses it would become "impossible to conduct this trial" the judge warned.

Mark Desmond, formerly of Lally Road, Ballyfermot, Dublin has pleaded not guilty to unlawful possession of three shotguns and one rifle with intent to endanger life at Lally Road between 1 October 1999 and 17 February 2000.

He also denies unlawful possession of a 12-gauge shotgun cartridge with intent to endanger life on the same date.

The trial continues tomorrow.