Costs application refused after bouncer murder trial

Clare businessman Anthony Kelly, one of the three men cleared of the murder of a Limerick bouncer in November, has been denied his application for the cost of his defence at the Central Criminal Court.

Mr Kelly (aged 50), with an address in Kilrush, was acquitted of the murder of Brian Fitzgerald, on November 29, 2002 at Brookhaven Walk, Mill Road, Corbally, Limerick. Brothers John (aged 27) and Desmond (aged 23) Dundon both from Ballinacurra Weston, Co. Limerick were also acquitted after the 18-day trial.

Gary Campion (aged 24) of Pineview Gardens, Moyross, Limerick was the only one of the four accused convicted and has begun a life sentence. The jury heard that he drove the motorbike used in the murder and was identified by Mr Fitzgerald's widow outside the house on the night of the murder. He is now appealing his conviction.

James Martin Cahill, the chief prosecution witness in the trial, is already serving a life sentence for shooting Mr Fitzgerald as he returned home from work.

In his judgement, Mr Justice Peter Charleton was critical of the defence case put forward by Mr Kelly's legal team, saying that it gave an inaccurate impression to a Dublin jury of the time it would take to drive from Limerick to Kilrush in Clare. Cahill had maintained that Mr Kelly had provided him with the gun used in the killing.

During the trial, counsel for Mr Kelly, Mr Michael O'Higgins SC, told the jury that Cahill could not possibly have travelled to Mr Kelly's house on the day of the murder.

Mr Justice Charleton said the court was "more than surprised" to learn during the application for costs that mobile phone evidence existed that placed the car Cahill was travelling in, on the road to Kilrush at a time between 6pm and 6.10pm; a fact that would have backed up the prosecution case.

He said that in his own experience of the roads in question it would have been easily possible for Cahill to have completed the journey.

He also pointed out that there was a good dual carriageway between Limerick and Ennis and the road to Kilrush was "a good straight road".

"It stretches the truth for Anthony Kelly to describe these main national thoroughfares to a Dublin jury without local experience as 'country roads'."

He acknowledged that Mr Kelly's defence was not obliged to volunteer evidence that would be damaging to their client if not put by the prosecution; but said that for the purposes of his judgement he was looking at all the evidence not just that put before the jury.

He also said that Mr Kelly must have known what kind of a man James Martin Cahill was. "He was a man who had been in trouble all his life."

In cross-examination during the trial the jury heard that Cahill had pushed a teacher down the stairs on his first day in secondary school and had spent repeated spells in juvenile detention.

Mr Justice Charleton said he also had "an extraordinary sexual history involving child abuse, an incident of bestiality and some form of sexual assault on a baby."

Cahill had also admitted to rape, fraud, a number of armed robberies and having taken part in the planning of a number of murders, including those of a member of the British police and a Garda called McDonagh.

During the trial the jury heard that Cahill heard screaming voices in his head but Mr Justice Charleton said that despite all this he was welcomed in the Kelly house. He had been friends with Mr Kelly's son and had gone out with Mr Kelly's niece, a relationship that ended in violence.

Two weeks prior to the murder Cahill had brought some of his clothes to Mr Kelly's house, after his current relationship ended in "a violent and seedy row".

Given all this, Mr Justice Charleton said "I can see no basis on which Anthony Kelly would not have known the character of James Martin Cahill as it was in 2002."

He said that the DPP and gardaí had acted properly throughout the trial and Mr Kelly's rights were at no stage infringed.

"There was no scenario in this case where the accused was in any way abused as to his rights. Rather, he was given every opportunity to meet this case," he said.