The prosecution closed its case today on the 33rd day of the trial of a Cork man accused of money-laundering.
Ted Cunningham (aged 60) of Woodbine Lodge, Farran, Co Cork, is on trial at Cork Circuit Criminal Court where he has pleaded not guilty to 20 charges of money-laundering. The charges arise out of the investigation of the robbery of £26.5m (€28.7m) from the Northern Bank in Belfast on December 20th 2004.
Mr Kieran Barry, now retired, was sergeant in charge at the Bridewell Garda station for part of the time that Cunningham was in custody for questioning in February 2005.
Defence barrister Alan Toal asked the witness what he noted in the custody record for 1.56pm on February 17, 2005. Mr Barry replied that he noted in the record that Cunningham asked for and was given a drink of water.
Mr Toal asked the witness why he had not also noted that the defendant told him when he went into the interview room at that time that he had not slept in two days. Mr Barry said he did not write it down because he was not told that by Cunningham.
Mr Toal BL said: “You most certainly were, most absolutely, categorically were.” Mr Barry replied: “This is the first time I’ve heard it.”
Mr Toal said: “It is on the tape (video recording of the interview) and you do not have it recorded (in the written custody record).”
After an adjournment for about half an hour, the video tape of when Mr Barry went into the interview room was played for the jury.
Cunningham was being interviewed by two detectives when Mr Barry entered and asked: “Are you OK, Ted?” Cunningham replied: “Could I get a glass of water if you don’t mind?” Mr Cunningham then said: “I had no sleep for two nights.”
Where Mr Barry was at the precise moment that latter comment was made was disputed so much so that Mr Toal enquired if it was possible to run the tape in slow motion – something which was not possible.
Mr Toal said the comment was made before the door was shut as Mr Barry exited to get the water and that he had to have heard it. Mr Barry replied: “I did not hear that comment, I was outside the door.” Mr Toal said: “The door – whether you like it or not – was open.” Mr Barry said: “I cannot record something I did not hear.”