Accused ‘did not sleep’ on night of arrest
Ted Cunningham, of Woodbine Lodge, Farran, Co Cork , denies 20 charges of money-laundering arising out of the investigation of the Northern Bank robbery in Belfast in December 2004.
The accused was arrested and questioned at the Bridewell Garda Station in Cork in February 2005 following a search at his home.
Yesterday was the 21st day of the money-laundering trial and the evidence consisted of a detailed examination of his detention in the station in particular on the night of February 17 and the morning of February 18, 2005.
A number of gardaí testified that they recorded on the custody book at the station that the prisoner was observed in his cell and was asleep. Defence barrister Alan Toal BL said: “We say he was not asleep.”
He suggested to Garda Tom Gallagher (now retired): “The Bridewell can be a noisy place.” Mr Gallagher replied: “Yes it can.”
“They (other prisoners) can be boisterous, they are not there because they have been good. It would not be unreasonable to say that they were full of drink, they were not like church mice,” said Mr Toal .
The witness agreed that most of the prisoners would have been arrested on public order offences, including being drunk and a source of danger.
“The beds are not of a great calibre, they would not greatly assist someone having a sleep,” Mr Toal suggested. The witness agreed.
A doctor called to the station because Cunningham had a nosebleed and he (the doctor) told gardaí to bring the accused to hospital if he had another nosebleed. Mr Toal suggested to Garda Donal Hegarty that he did not ask the defendant, when he visited the room where he was being questioned, if he had had a second nosebleed. Garda Hegarty said he checked the situation by asking the question he would usually ask, namely: “Is everyone OK?”
Garda Pierce Ferriter said that he went into the cell a number of times that night and that he shook the defendant to see if he was sleeping. James O’Mahony, senior counsel, said: “I take it you wouldn’t get a tremendous night’s sleep at that rate of going.”



