Jury hears of solicitor's 'dramatic' actions

A Limerick solicitor advised a man accused of murder to answer "I can't remember" to questions put to him by gardai investigating a fatal stabbing, a jury has heard.

The allegation that solicitor, Mr John Devane - who the jury heard has an extensive criminal practice in Limerick city - advised his client to say he could not remember, surfaced during cross-examination of two detective gardai about a question and answer session with the accused man.

Defence counsel Mr Brendan Nix SC described the solicitor's advice as "dramatic" and the two gardai agreed that in their experience, they had never heard of it happening before.

Christopher O'Callaghan (21), of O'Malley Park, Southill, Limerick has pleaded not guilty to the murder of Michael Fitzpatrick (19) of Yeats Avenue, Kincora Park, Southill outside the Olympic Arms pub on Roxboro Road on the night of 25 June 1999.

Michael Fitzpatrick died in Limerick Regional Hospital after sustaining eight stab wounds to his trunk. The jury has heard that no witness to a fight between himself and O'Callaghan saw a knife or any other weapon being used. No weapon was found at the scene.

One eyewitness, William Buckley, alleged that he saw the accused holding a shiny silver object in his right hand, but in cross-examination, he accepted that it could have been the accused man's bracelet.

Today, the Central Criminal Court jury heard Detective Sergeant Thomas O'Connor and Detective Sergeant Dan Haugh, who gave evidence of a question and answer session with the accused man in Roxborough Garda station in Limerick on July 1 1999.

Det Sgt O'Connor told Mr PJ McCarthy SC prosecuting, that in the course of the interview with Christopher O'Callaghan, the following questions and answers were noted:

Question: "Where is the knife? It could get into the wrong hands, someone else could be murdered. Answer: "I can't remember where I threw it".

Question:"Did you stab Michael Fitzpatrick last Friday night?"

Answer: "I can't remember, but it wasn't meant to end up like this."

Question: "What about Friday night outside the Olympic Arms? Answer: "Guard, it doesn't matter what I say, sure you have the video."

Question: "Getting back to Friday night last - is it possible you killed this man and you can't remember?" Answer: "I could, but I can't remember, guard".

Mr O'Callaghan denies giving some of the answers recorded in the memo of the interview and his defence claims that he was following the advice of his solicitor in most of the replies.

Cross-examined, Det Sgt O'Connor agreed with Mr Brendan Nix SC defending, that prior to questioning, the accused arrived at the Garda station on the morning of July 1 1999 with his mother, Mrs Josephine O'Callaghan, his then solicitor, Mr John Devane, and two other men - Alderman Michael Kelly and his brother Anthony Kelly.

The detective sergeant said he was aware that Mr Devane had advised O'Callaghan to say to questions, "I can't remember, but if I remember anything, I'll tell you".

He agreed that O'Callaghan had answered a number of questions in that fashion.

He agreed that at one stage, O'Callaghan was asked, "When did you lose your memory?" to which he replied, "I can't remember, but if I do, I'll tell you".

In answer to Mr Nix, he said that in his 25 years as a garda, he had never known such advice to be given to a solicitor's client.

Det Sgt O'Connor agreed that to the accused man, solicitor Mr Devane would have appeared as someone well versed in the law.

Mr Nix put it to him that Alderman Kelly and his brother Anthony were "people who have a reputation in the area" and that they had a security firm, M&A Security. The detective said it was correct that they were well known in the area. He agreed that until recently, Mr Devane had acted for the Kelly brothers.

Det Sgt Dan Haugh told Mr John O'Sullivan BL, prosecuting, that he had no doubt that the memo of the interview contained the questions asked and the answers given. Cross-examined, he told Mr Nix that in his 33 years as a garda and 30 as a detective garda, he did not recall such advice being given to a client as that given to Christy O'Callaghan.

He agreed that the answer to most of the questions in the interview was, "I can't remember but if I do, I'll tell you."

He said he did not agree with counsel that the question, "Where is the knife?" begged the answer "I can't remember where I threw it".

He agreed that one of the questions put was "Who came down to the station with you?" He agreed the accused answered to that, "I can't remember, but if I can, I'll tell you."

Det Sgt Haugh agreed that the gardai did not think that Christopher O'Callaghan was suffering from any loss of memory. "He told us he was given that advice", he told counsel.

The prosecution case ends tomorrow in the trial before Mr Justice O'Higgins and the jury.