Tape suspects call after case collapses
It follows the acquittal of two young north Dublin men, who were accused of beating to death health board worker Brian Fitzpatrick. The 43-year-old single man was found injured five years ago, close to the home he shared with his elderly parents.
The jury was directed to bring in a not guilty verdict against Richard Bourke and Michael Geoghan, following a ruling by Mr Justice Liam McKechnie, who said certain alleged statements and memoranda of interviews with the two men should be excluded from evidence. The interviews were held in Blanchardstown and Finglas Garda stations in early 1998.
As the mother of the dead man attacked the length of time it took for the trial to begin, Labour's Joe Costello said the acquittal of the two men "emphasises the absolute urgency of the installation of video equipment in all garda stations".
"This is not the first case in recent times on which the outcome depended on statements taken in controversial circumstances in garda stations. The only way to prevent against circumstances in which statements are disputed is by ensuring that all such statements are videotaped," the party's justice spokesman said, urging Justice Minister Michael McDowell to set out a timetable.
He said there was a compelling case for the interviews in this case to be videotaped, as those charged were 15 at the time.
More than 200 interview rooms across the country are equipped with video recording equipment, but a suspect has the right to refuse to be questioned on tape. This follows a national roll out programme started in mid-1999, many months after the two teenagers were first interviewed.
A garda spokesman said the organisation accepted the decision of the court. Senior members of the force will examine the 50-page judgment.
It is understood no gardaí have faced disciplinary action in connection with the investigation into the death of Mr Fitzpatrick.
Mr Geoghan, aged 20, of Northway Estate, Finglas, and Mr Bourke, aged 20, of Sycamore Park, Finglas East, were accused of beating 43-year-old Mr Fitzpatrick to death. He died on December 1, 1998, three days after he was found on the ground with severe head and other injuries.
The jury heard that Mr Fitzpatrick had been out for a drink and was walking to his home at Clune road around midnight when the two accused asked him for cigarettes in an "aggressive manner". After the dead man and his friend parted company, Mr Geoghan and Mr Bourke met him again and punched him in his head and upper body.
The case spent several weeks in legal argument in the absence of the jury. Mr Justice McKechnie told the jury there was "no further evidence available" that could go to the jury to reach a verdict and so asked them to return a verdict of not guilty by his direction. The two men were discharged from the court and left with their families.
Geraldine Geoghan, mother of Michael Geoghan, described the ordeal of waiting for five years for her son to be declared innocent as "terrible".
"We've had to move from our own home not from intimidation from the police but they have treated us very badly," she said.
Richard Bourke said it felt great that he had been declared an innocent man.
"Finally proven not guilty. It's brilliant. Just want to get it over and done with now, get on with me life," he said, adding the last five years were horrible.
"I can't leave the country... signing on all the time and being harassed by the police ... I'm not mad about them, to be honest with ya, but, eh, I'll leave it at that."
