Murder accused 'lied out of fear'

A prosecution witness today denied that he was lying to "save his own skin" under cross-examination at a murder trial in the Central Criminal Court.

Mr Michael Flynn was continuing his evidence at the retrial of William Carroll (aged 52).

Mr Carroll, of no fixed address, has denied the murder of Mr Thomas Harte, (aged 40) of Allen's Square, Ballymacthomas, Cork in a derelict house on Leitrim Street, Cork, between May 19 and 20 1997.

Mr Flynn was one of a group of homeless men drinking in the house on the night of the death of Mr Harte.

In court today Mr Blaise O'Carroll SC for the defence put it to Mr Flynn that he was a "totally unscrupulous person".

"There's nothing you wouldn't stoop to to save your own neck?" Mr O'Carroll suggested to the witness.

Mr Flynn admitted he had told lies to the gardai during questioning over the death of Mr Harte, but said he did so because he was afraid. He repeatedly told the court that any lies he told were told "out of fear".

Yesterday in court Mr Flynn said that on the night of the killing, the accused had claimed the victim of the attack was responsible for the death of his brother.

The court heard today that in a statement made to gardai in June 1997, Mr Flynn said that the accused and his nephew set upon Mr Harte because they did not want him staying in the house anymore.

"All I can say to you is that is the truth, Buster (Mr Carroll) said to his nephew, 'that's the man who killed my brother'," he said today. Mr Flynn has said that following this, the accused and his nephew beat Mr Harte with a toaster and that the younger man "trampled" and jumped on him.

Mr Flynn denied ever punching or using a bottle on Mr Harte. "I gave the man a couple of slaps with the back of my hand and told him to get out...for his own safety," he said.

When asked how his print was on a bottle of whiskey used to hit the deceased, he said, "I know for a fact that I did not hit that man".

"There was nothing I could do," he said. "I was powerless... when I get threatened to keep my mouth shut, that's it, I don't know what to do, I'm cowardly," he said.

The trial continues tomorrow before a jury and Mr Justice Carney.