Keane walks free as murder trial collapses

The trial of a Limerick man accused of murder walked free from court today after the sixth prosecution witness denied making a statement identifying the accused man as the killer.

As Liam Keane (aged 19) grinned and hugged relatives as he left the Central Criminal Court with his "constitutional presumption of innocence intact", trial judge Mr Justice Carney said he has never before encountered "the likes of what happened in this trial".

He directed that the entire transcript of this and an earlier related trial be forwarded to the DPP.

The DPP he added "is obviously going to investigate" the circumstances in which prosecution witnesses retracted garda statements during the trial of Liam Keane.

The DPP directed that a nolle prosequi be entered as key prosecution witness, Roy Behan, denied making statements identifying Liam Keane as the man who stuck the knife into the deceased Eric Leamy.

The witness accepted he was a close friend of Mr Leamy’s and that he carried his coffin. He also accepted that he was with Mr Leamy that night and admitted taking the dying man to hospital.

However, in evidence, he denied that saw Liam Keane at the scene or the events leading up to the killing.

Discharging the jury, the judge said they did not hear that during the trial there was "violence" and "suspicious comings and goings in and out of court".

During three days of evidence, six prosecution witnesses were declared hostile and one held in contempt of court after changing their proposed evidence or refusing to testify. All six had made signed garda statements. Three witnesses were held in custody for a number of hours on Thursday, but later released.

The following day, Roy Behan failed to turn up in court and there was evidence in the absence of the jury that he had been assaulted at a Limerick train station that morning en route to Dublin.

During the trial the judge warned the hostile witnesses they could face life imprisonment if they had committed perjury or alternatively, five years for giving gardai false information.

However, following the warning all six stuck to their sworn evidence denying they made statements incriminating the accused or claiming they could not remember, citing drug abuse as the reason.

When he appeared in court today Roy Behan denied telling gardaí, in a signed statement, that he witnessed Liam Keane sticking a knife into Eric Leamy’s side, above the hip.

In his statement, he alleged there had been an argument over a dog and that the accused first hit the deceased with a pallet with a nail before taking out a knife.

"I can’t remember making no statement," he repeatedly said when prosecuting counsel Shane Murphy SC put it to him that what he told gardaí was the truth.

Mr Leamy’s parents, Anthony and Geraldine were in court when the charges were dropped and were being comforted in the victim support room in the Four Courts.

When approached for a comment as to why the prosecution witnesses had changed their proposed evidence, Liam Keane said he had nothing to say.

His mother, Margaret Keane, stood in front of her son and said: "Leave him alone".

Because a nolle proesequi has been entered, no further prosecution may now be brought against Mr Keane unless fresh evidence emerges.

Justice Carney reminded the jury that in the course of the trial "not one sentence of incriminating evidence" had been adduced against the accused.

Liam Keane (aged 19) of Singland Gardens, Ballysimon, Limerick, had pleaded not guilty to the murder of Eric Leamy (aged 19) of St Munchin's St, St Mary's Park, Limerick on August 28, 2001 at Lee Estate, Island Road, Limerick.