Murder trial witness 'bought and paid for' - defence

A defence barrister in his closing speech to a jury in the trial of a Dublin murder has said the State’s main witness "is a bought man, a bought and paid for man".

Mr Brendan Nix SC representing Mr Thomas Hinchon suggested to the jury that Mr Joseph O’Callaghan (aged 20) who is the State’s main witness was given immunity from prosecution for possession of drugs from the Director of Public Prosecutions (DPP).

Mr Brian Kenny, (aged 36) of Kilshane Cross, Finglas, Co Dublin and Mr Thomas Hinchon, (aged 25) of St. Ronan’s Close, Clondalkin have denied the murder of 25-year-old Dubliner Mr Jonathan O’Reilly of St Mark’s Gardens, Clondalkin on April 17, 2004.

Mr Kenny also pleaded not guilty to threatening to kill Mr Joseph O’Callaghan on April 17, 2004 at Finglas, Dublin. Mr Kenny denies the possession of a firearm, a Berratta single automatic shot gun on 10 May 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 Mr 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 motorcycle 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.

Mr Nix SC asked the jury why the State’s main witness, Mr O’Callaghan was not prosecuted for the possession of heroin in 2003 when he admitted he was a regular dealer.

"Heroin is the plague of our society and long it will continue when Mr O’Callaghan who is a self confessed dealer goes unprosecuted," he said to the jury.

"Joseph O’Callaghan is a bought man, a bought and paid for man. And what consideration has be been given? His immunity from prosecution, a free pass; pass by jail and do not go in," Mr Nix said to the jury. "He’s an aider and abetter and he’s a bought man," the defence barrister said referring to Mr O’Callaghan.

"My client repeatedly said he didn’t do it," Mr Nix said. No motive has been put forward, Mr Nix suggested to the jury, not even by Mr O’Callaghan.

"Do you believe that it was a total coincidence that this car was parked with the passenger side by the road," Mr Nix asked.

"There are more questions asked by this case than there are answered. I have to suggest to you that it would be perverse to convict the accused," the defence barrister concluded in his closing speech to the jury.

The trial continues before Mr Justice Michael Peart.