Gardaí found human bones in smouldering fire, court hears

A Donegal father-of-four accused of the murder of his estranged wife allegedly said to investigating gardaí; "you think I put her in the f**king fire", the Central Criminal Court has heard.

Mr Gary McCrea (aged 40) of Ballybulgin, Laghy, Co Donegal denies the murder of his wife Mrs Dolores McCrea (aged39) of Ballintra, Co Donegal, on a date unknown between January 20 and January 22, 2004.

It is alleged that Mr McCrea murdered his wife and the mother of his four children and then burned her body in a fire at the rear of the old family home.

Garda Brendan McMonagle told prosecuting counsel Mr Richard Lyons BL that on January 22, 2004 he discovered what he believed to be human bones in a smouldering fire contained in the chassis of an old mobile home at the rear of the McCrea home.

He said he first saw a piece of bone six inches long with a ball on the end of it in the smouldering fire.

Garda McMonagle said he was "shocked and alarmed" by what he discovered. He then uncovered a second piece of bone, which he believed was to be part of a human spinal column.

"I thought it was human but I couldn’t be sure", he added.

A short while later, Garda McMonagle said Mr McCrea was shown by gardaí the smouldering fire. He told the court he asked the accused what he believed the bones were.

"It could be an old dog or something," Mr McCrea allegedly replied.

"I said: 'Gary, you must know what it is.' He replied: ‘I don’t but I know what you’re thinking’," Garda McMonagle told the court.

The garda then said he asked Mr McCrea what did he believe he was thinking, to which Mr McCrea allegedly said: "You think I put her in the f***ing fire", referring to the deceased woman.

Crime scene investigator, Sgt Morris McWalters told the court that on January 22, 2004, Dr Marie Drumgoole was called to the scene at Ballybulgin and it was believed a piece of bone which was discovered from the smouldering fire was that of a human shoulder blade.

Detective Sgt Shane Henry attached to the ballistics section at garda headquarters told the court he initially examined the smouldering fire late in the evening of January 22, 2004.

Along with the State Pathologist, Dr Marie Cassidy and other technical gardaí, Det Sgt Henry conducted a "finger tip" investigation of the scene.

"We got down on our hands and knees and carefully removed the bones from the smouldering fire", he said. The fire he said "continued to smoulder" and he secured two powder extinguishers and smothered the remains of the fire.

The next day when Det Sgt Henry returned to the scene the fire was "still smouldering" even though it was raining, the court heard.

Det Sgt Henry said corroded parts of a Nokia mobile phone were identified from the debris of the fire and also a "severely corroded" gold signet ring. Det Sgt Henry said there was presence of partially burned tyres and bushes in the fire and that there was a smell of diesel fuel at the scene.

He told the court in his conclusion "an intense and prolonged fire took place at the McCrea home". The fire he said would have reached temperatures between 600 and 1,000 degrees centigrade.

"It was a quite severe and intense fire," he added.

Det Sgt Henry told the court that temperatures of between 600 and 850 degrees centigrade are required for a human cremation. He said two sticks recovered near the smouldering fire were in his opinion used to "stoke and promote the burning of the fire".

Exhibits officer, Detective Sgt Stewart Doyle told the jury that he came into possession of many items of evidence in relation to the case including a video of a documentary entitled "Trial of Guilt". This video along with other home videos, the court heard, was discovered at the home of Mr McCrea by investigating gardaí.

Det Sgt Doyle said this video caught his attention. He said he viewed this home video which had been taped from a television programme and it told the story of a man called Simon Carter who went missing in Swansea in England.

Det Sgt Doyle said this man was murdered and the culprits buried the body initially before digging it back up and encasing the body in concrete. The court heard the body was dug up a third time and jack-hammers were used to remove the concrete. Det Sgt Doyle said the culprits then spent a day burning the body, using diesel.

The trial continues tomorrow before Mr Justice Michael Hanna.