Man acquitted as alleged threat was in ‘past tense’
The non-jury court ruled the alleged threat made by Michael Bridgeman, aged 51, as described in evidence, was made in the past tense and could not amount in law to a threat as to future conduct, which would be “essential for a conviction in this case”.
Bridgeman, of Glenview, Ballyneety, Co Limerick, had denied making a threat to Mark Heffernan, aged 28, to kill or cause serious harm to his father Mark Heffernan Sr, aged 47, at John Carew Park on a date unknown between September 1 and October 25, 2008.
Bridgeman has also denied demanding money with menaces from Mark Heffernan Jr between September 1 and October 25, 2008, at the same address.
Brendan Grehan, defending, argued that a threat to kill embodied a threat of future conduct and had to be intended for another person to believe it will be carried out. He said Mark Heffernan’s assertion the accused told him he “could have had” his father shot and his sister “done” was a statement in the past tense and could not amount to words in law of a threat to future conduct.
Presiding judge Mr Justice Paul Butler said the fact that Mark Heffernan Jr did not report the alleged threat until March 6, 2010 — 18 months after the incident in question — leant “further weight” to the view that the words did not amount a threat as to future conduct.
Delivering the ruling from an e-reader, he said the court also concurred with Mr Grehan’s assertion that charges against the accused man could be dismissed on the basis Mr Heffernan Sr gave evidence of the alleged threat to kill being directed at him and not his son, contradicting the charge as laid out in the indictment.
However, Mr Justice Butler added that the court was satisfied the Heffernan family has been subjected to a lot of intimidation, to such extent that they are under 24-hour garda protection.
Bridgeman was acquitted and the case discharged.
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