A jury in a Dublin murder trial has heard that when one of the accused was questioned by gardaí about the fatal shooting he allegedly said: "I’m fitted up, someone must have handed my name up. I can’t believe it."
The Central Criminal Court heard Detective Sgt Michael O’Leary give evidence that when Brian Kenny was asked was he involved in the murder of Jonathan O’Reilly, he said : "Definitely not."
Mr Kenny, aged 36, of Kilshane Cross, Finglas, Co Dublin and Thomas Hinchon, aged 25, of St Ronan’s Close, Clondalkin have denied the murder of 25-year-old Dubliner Jonathan O’Reilly, of St Mark’s Gardens, Clondalkin on April 17, 2004.
Mr Kenny also pleaded not guilty to threatening to kill Joseph O’Callaghan on April 17, 2004 at Finglas, Dublin.
Mr Kenny denies the possession of a firearm, a Berretta single automatic shot gun on May 10, 2004 at Michelstown Cottage, Kilshane Cross, Dublin.
He also pleaded not guilty to possession of ammunition on the same date. Mr Hinchon pleaded not guilty also to threatening to kill Joseph O’Callaghan on April 17, 2004.
It is alleged by the State that the deceased man was shot outside Cloverhill prison as he sat in a BMW car. A motor cycle drew up beside the car and a number of shots were fired through the car glass and struck Jonathon O’Reilly mortally wounding him, the State alleges.
Detective Garda Jim O’Sullivan of the National Bureau of Criminal Investigation, Harcourt Square told the court he interviewed one of the accused, Thomas Hinchon at Clondalkin Garda Station.
Throughout the course of interviews, Det. O’Sullivan said Mr Hinchon "at all times denied all involvement in the murder of Jonathan O’Reilly".
Detective Sergeant Michael O’Leary of the National Bureau of Criminal Investigation, Harcourt Square told the court that on May 10, 2004, he interviewed Brian Kenny at Ronanstown Garda station.
When gardaí put it to Mr Kenny that he was being questioned in relation to the alleged murder of Mr O’Reilly, Mr Kenny told gardaí: "I don’t even know the chap."
Mr Kenny told gardaí he recently bought a Kawasaki motor bike. He told gardaí that Mr Joseph O’Callaghan lived with him and his wife and child at Kilshane Cross.
He told gardaí that Mr O’Callaghan had lived at Kilshane Cross for the past seven or eight years. "I took a shine to him," he said. He told gardaí that Mr O’Callaghan had been "hanging around with the wrong crowd".
When asked was he involved in the murder of Mr O’Reilly, Mr Kenny said "definitely not" to the gardaí. "I’m fitted up, someone must have handed my name up. I can’t believe it," Mr Kenny told the gardaí.
The trial continues before Mr Justice Michael Peart.