Murder accused was forced to drive car, court hears

A traveller accused of murder told gardaí he was forced to drive the getaway car for two gunmen against his will, a jury at the Central Criminal Court heard today.

"They forced me to do it. My father and Teddy Boy gave me an awful beating and told me I had to go," Patrick Harty told Detective Garda Con Brosnan at Tuam Garda station in July 1999.

Det. Garda Brosnan was giving evidence at the murder trial of Mr Patrick Harty (aged 30) of Carrowbrowne Halting Site, Carrowbrowne, Headford Road, Galway.

He is pleading not guilty to the murder of Mr Thomas Harty (aged 26) at Woodlands Park Halting Site, Ballymorris, Co Laois on May 16, 1999. He also denies possession of a shotgun with intent to endanger life.

Mr Thomas Harty died from two gun shot gun wounds to the chest and back after he was shot in his bed as he slept with his wife and family in their caravan.

Det. Garda Brosnan, from Rathkeale garda station in Co Limerick, told the court that Mr Harty "seemed pleased to see us" when they went into talk to him at the interview room at Tuam Garda Station as they knew each other already.

"He said ‘I didn’t shoot him’. I did not shoot anyone Con’. He seemed to get upset," said Det. Brosnan.

Details of events on the night of Mr Thomas Harty’s murder were revealed to the jury in a statement read out by Detective John Clancy.

In his statement, Patrick Harty said: "‘Tomsy Harty killed my brother Danny Harty about a year ago.

"My father swore vengeance at his grave. He wanted Tomsy dead. We stole four guns last year and we kept one gun to shoot Tomsy. My father and Teddy Boy decided to get their revenge on Tomsy. They had it in their head to kill one of them, they decided to kill Tomsy," the accused said in his statement to gardaí in 1999.

Mr Harty described how his father, brother 'Teddy Boy' and cousin Jimmy "wanted me to go and kill Tomsy" after they came home from the pub one night.

"I wanted to go to bed, I didn’t want to go. They started throwing glasses at me and broke the windows in an old car I had," said Mr Harty to detectives.

"Eddie (Teddy Boy) and Jimmy pushed me into the back of the car, they said ‘come on, don’t be a coward’," he added.

The three men drove to a disused shed, took out a double-barrelled shot gun and drove to the deceased’s caravan at the Ballymorris halting site in Co Laois, Mr Harty alleges.

"About five miles outside Portarlington, Eddie and Jimmy went into the back of the car and I drove. Eddie had the gun. Eddie and Jimmy went into Tomsy’s caravan. I heard two shots, Eddie and Jimmy then told me to drive out. They told me they shot Tomsy, they were laughing. We hid the gun again in the old shed and then I drove back. We went to Tullagh and had a few pints each. The father was happy with it garda," Mr Harty told gardaí.

"I didn’t want to go to shoot Tomsy but I was forced. My father said he was happy that Tomsy was killed because I ran away when my brother Dan was killed with a slash-hook" the statement read.

"This is a terrible thing that happened to Tomsy, I don’t know when it’s going to stop. I’m lucky to be alive now. It was terrible what happened to my brother, I’d say it’ll stop now," Mr Harty admitted to gardaí.

Neither Edward Harty Junior (Teddy Boy) nor Jimmy Harty have been charged with murder.

Under cross-examination by defence counsel Mr Gerard Clarke SC, Detective Clancy denied the accused was bullied or assaulted during his interrogation in Tuam Garda Station.

"There was no bullying while I was in the room," said Det. Clancy.

He denied Mr Harty was offered a ticket to England if he did a deal with the gardai. "There was no discussion about England" he said. He also denied that another garda had hit Mr Harty in the back of the head.

The trial continues before Mr Justice John Quirke at the Central Criminal Court tomorrow.