State witness denies being informer for several years

A drug dealer-turned State witness in a murder trial has denied being a Garda informer for several years before the Dublin killing.

Joseph O’Brien (aged 26) is giving evidence at the Central Criminal Court in the trial of four men charged with murdering a father-of-three in a city pub.

John Carroll (aged 33) was shot dead while socialising in Grumpy Jack’s Pub in the Coombe just after 9.30pm on February 18, 2009.

Peter Kenny (aged 28) of McCarthy’s Terrace, Rialto; Christopher Zambra (aged 35) of Galtymore Road, Drimnagh; Damien Johnston (aged 27) of Cashel Avenue, Crumlin and Bernard Hempenstall (aged 26) from Park Terrace in The Coombe have pleaded not guilty to his murder.

The court has heard that Mr O’Brien was granted immunity from prosecution in exchange for giving evidence.

Michael O’Higgins SC, defending Mr Johnston, yesterday pointed to his phone records for the week leading up to the killing. They showed 11 communications with Detective Sergeant Adrian Whitelaw, a senior officer in the murder investigation.

“He used to ring me just to see what was happening in the area,” explained Mr O’Brien. “I wouldn’t tell him anything.”

He agreed that this had been the typical level of phone traffic between them since 2005 and possibly earlier. However, he said he never told the garda anything.

“You made many calls to him as well,” noted Mr O’Higgins.

“To tell him not to be ringing me,” he replied.

He agreed that he used to tell Det. Sgt Whitelaw when he would change his phone number, as he often did, but said that this was to prevent him calling to his house.

“Det. Sgt Whitelaw is going to say that you’ve been an informer for several years…, that you gave him information and that information led to the intersection of drugs, and the arrest, prosecution and conviction of a number of people,” said Mr O’Higgins.

“No way. That’s a lie,” responded Mr O’Brien.

Mr O’Brien agreed that he had never held down a job for more than a couple of months. He’d left school at about 15 and soon began selling drugs. However he didn’t begin taking drugs until he was 19 and was a recreational user, never becoming addicted.

He agreed that by the time of the killing he was a drug dealer at a significant level and used to sell drugs to "anybody’ including, new users, recreational users and addicts".

“Once they produced the cash, you didn’t care,” said Mr O’Higgins.

“Yeah, that’s what drug dealers do,” he said.

Mr O’Brien agreed that he’d also committed a large number of other criminal offences, including credit card fraud.

He said that by the summer of 2005, his life was under threat as he had fallen out with the well-known, notorious criminal, who had taken a shine to him as a teenager.

“Because, even with someone of this notoriety, you couldn’t resist ripping him off,” remarked Mr O’Higgins.

He agreed that instead of passing on drug money to this criminal, he began to bet on horses and lie to this boss when he came looking for his money.

“Because that’s you; no matter who you’re dealing with, you tell lies,” commented Mr O’Higgins.

The witness agreed that this drugs boss came down heavy on him and that he told Det. Sgt Whitelaw that this individual was threatening to shoot him over the debt and for informing on him to the Gardaí.

Mr O’Brien agreed that his father, who had been in the Army all his life, had to put up some money to get this criminal off his back.

The witness agreed that at the time of John Carroll’s killing, he (Mr O’Brien) was socialising seven nights a week, taking cocaine, getting taxis everywhere, "could drop" €3,000 or €4,000 an hour in a bookie’s and owed €8,500.

However, he denied driving the gunman to the scene that night in order to make €15,000.

The trial continues before Mr Justice Barry White.