Cameron Blair trial witness jailed for going to Ayia Napa when due to give evidence
Cameron Blair died at Cork University Hospital (CUH) on January 16, 2020 after being stabbed in the neck while attending a student party at a house in Cork city.
A "blatant" contempt of court by a witness who travelled to Ayia Napa when he was due to give evidence in the trial of a teenager who committed violent disorder at the Cameron Blair murder scene has seen him jailed for two months.
Sentencing Darragh O'Connor at the Central Criminal Court today, Mr Justice David Keane said the contempt of court in this case was "blatant and premeditated" and its consequences could only be viewed as "serious" as it had "plainly disrupted" the conduct of a trial.
The judge said O'Connor, who admitted the offence of contempt of court today, had made a "calculated and deliberate" decision to prioritise his "holiday decisions over legal obligations".
A message must go out to every court in the land, Mr Justice Keane stressed, that failure to comply with witness summons and the inevitable disruptions that this causes is "a cause of action that cannot be tolerated".
It was the State's belief that O'Connor (20), of Deermount, Deerpark, Cork, and his co-accused had left the jurisdiction in order to avoid giving evidence at the trial of a 16-year-old accused.
O'Connor and Craig O'Donoghue (20) were served with witness orders last May, which required them to give evidence at the juvenile's trial last month. However, they travelled to Ayia Napa at the end of May and were not available to give evidence.
The sentence hearing for Darragh O'Connor's co-accused, Mr O'Donoghue, of Killala Court, Knocknaheeney, Cork was also expected to take place today but the court was told he has tested positive for Covid-19. A production order for Mr O'Donoghue was made for next Wednesday and "if matters allow" the court will then proceed to a hearing.
On May 28, a 16-year-old accused who cannot be named because he is a minor, went on trial charged with the production of a knife at a house on Bandon Road in Cork city on January 16, 2020. He had been on trial at the Central Criminal Court, which was sitting in Croke Park, for almost three weeks before the case ended last month.
On June 16, the Director of Public Prosecutions (DPP) discontinued the charge against the teenager and will enter a nolle prosequi against him in due course meaning that the State will not be proceeding with the charge of producing a knife against the juvenile.
The accused, who was 14 at the time of the incident, had pleaded not guilty to producing an article capable of inflicting serious injury in the course of a dispute, to wit a knife, in a manner likely to unlawfully intimidate another person.
Before the State opened its case on May 28, the 16-year-old boy pleaded guilty to committing violent disorder with two other persons present together, using or threatening to use unlawful violence, and such conduct taken together would cause a person of reasonable firmness present at Bandon Road in Cork city to fear for his or another person's safety at the said place on the same occasion.
The DPP said it was not proceeding with the count of possession of a knife in circumstances where the accused accepted he was in possession of a butter knife during the course of events on the evening.
The 16-year-old is expected to be sentenced at the Central Criminal Court on July 23.
Counsel for the teenager, Timothy O'Leary SC, had told the trial court that he would have required the two witnesses who had travelled to Ayia Napa "in relation to my defence".
Cameron was a native of Ballinascarthy in west Cork and a second-year chemical engineering student at Cork Institute of Technology (CIT). He died at Cork University Hospital (CUH) on January 16, 2020 after being stabbed in the neck while attending a student party at a house in Cork city. Another juvenile has already pleaded guilty to his murder.
At the outset of today's sentence hearing, defence counsel Brendan Grehan SC told Mr Justice Keane that O'Connor was admitting the offence of contempt of court.
Inspector Martin Canny, of Anglesea Street Garda Station in Cork, told prosecution counsel John Fitzgerald SC that O'Connor was was to be a witness in the trial of the 16-year-old, who was charged with the production of a knife at the house on Bandon Road.
Mr Fitzgerald said there was a request for drugs at the house which was communicated to three youths, who had come to the party on the night. The request for the drugs was conveyed by Scott O'Connor to two people, one of whom was Darragh O'Connor, the court heard.
This week, Scott O'Connor (19), of Churchfield Square, Churchfield, Cork was jailed for two years for brandishing a knife outside the house party. He had pleaded guilty to committing violent disorder and producing a knife at the party.
Mr Fitzgerald said that Darragh O'Connor and another teenager had arrived at the party with the purchased cannabis and there was a dispute over "what had been paid for and what was received". O'Connor was in a position to identify the three youths who had arrived at the party and he knew them.
Counsel said Darragh O'Connor had made reference to seeing the 16-year-old boy with a butter knife, that the boy had shown him the knife and said "look what I have". "He had described it as something used for buttering toast," the court heard. Various descriptions, Mr Fitzgerald said, had been given for what the 16-year-old boy had in his hand on the night and O'Connor's account was one of the descriptions that the jury would have had to consider.
Mr Fitzgerald said that notice of the witness order was signed by the DPP on February 11 of this year and was served by Garda Kenneth Lawton on O'Connor on May 13. Gda Lawton had explained to O'Connor that he was required to attend court for the trial and the accused had expressed no difficulties with this. "That notice advises of the date of trial and states that it is a contempt of court without just excuse to fail to attend," he added.
Furthermore, Mr Fitzgerald said that Garda Helena Byrne had called to O'Connor's address on May 21 and given him a copy of his statement. O'Connor provided the garda with his mobile phone number and they discussed his requirement to give evidence at trial.
Counsel said:
When the trial began on May 28, Gda Byrne rang O'Connor on several occasions but his phone rang out so she left messages for him to ring her back. She later rang the accused on 10 further occasions and spoke with his mother, who said she did not know where he was. More texts were sent from Gda Byrne to O'Connor's phone to ring her back as soon as possible as his attendance was urgently required at the trial but no response was received, said Insp. Canny.
Enquiries were carried out and there was an indication from Mr O'Donoghue's mother that the two accused had travelled to Cyprus. It was confirmed that they had boarded Ryanair flights to London on May 27 and that flight had been booked on May 11.
Several flights were also booked to depart London for Larnaca in Cyprus on June 1 and those flights were booked on May 11, said Mr Fitzgerald. It was later confirmed that the two accused were on those flights.
Serving members from An Garda Siochana, who were on duty in Cyprus, were asked to make contact with the two accused. On June 3, Gda Byrne sent O'Connor a text message outlining if he did not turn up to court it was likely that a bench warrant would be issued. Gda Jarleth Duffy, who was on duty in Cyprus, rang O'Connor on June 7 but the number rang out.
On June 6, a garda called to O'Connor's home address but there was no answer and a bench warrant was issued on June 8. A garda spoke to O'Connor's mother and she confirmed that he had no return flight booked home from Cyprus for August, said Mr Fitzgerald.
On June 12, O'Connor's mother confirmed to gardaí that her son had rang home that morning and she understood the seriousness of the situation but said she did not believe that the accused would return home to give evidence in the trial.
On June 16, Mr Fitzgerald said the trial ended in a manner "where the State did not proceed on the second charge on the indictment" against the 16-year-old. There was "a slight altercation of the facts" and the 16-year-old accepted that he was in possession of a butter knife on the night as part of the background facts to the violent disorder charge, he said.
O'Connor returned to Ireland on June 28 and was arrested. Insp. Canny said O'Connor has two previous convictions for threatening and abusive behaviour and intoxication in a public place.
Under cross-examination, Insp. Canny agreed with defence counsel Mr Grehan that his client had no previous convictions when he failed to appear to give evidence in the trial as sentencing for the convictions had occured in his absence.
Mr Grehan said O'Connor had given a "very full statement" to gardaí which ran to 17 pages and it did not "reflect well on his own behaviour". Insp. Canny agreed that there was no reluctance by O'Connor to provide that statement to gardaí.
Insp. Canny also agreed with Mr Grehan that his client's evidence suggested "very clearly" that the 16-year-old boy had a butter knife on the night.
The witness further agreed that the witness order had not been served until May 13 this year, some 11 days before the trial was due to commence at the Central Criminal Court. The witness order had been issued on February 11.
Mr Grehan said that by the time the witness order was served on O'Connor he had already booked and paid for flights and a holiday to Cyprus on May 11, just two days before he was served. Insp. Canny agreed that a number of O'Connor's "pals" were going on the holiday with him.
Counsel said that O'Connor's phone broke shortly after he went on holiday and it had not been used or activated by him since.
When O'Connor got off the plane in Dublin Airport, he was taken into custody and because of his circumstances he was held in isolation for two weeks in the prison system, said Mr Grehan.
"The extent of the isolation meant he could not be brought for a consultation with his solicitor until after two weeks had passed," he said, adding that it will be the "three-week anniversary" of his detention on Monday next.
Insp. Canny agreed that O'Connor had gained an apprenticeship with a carpentry company after completing his Leaving Certificate and he was given a month off work to go on holidays.
Mr Grehan then called his client to take the stand and O'Connor told the court that he was served with the witness summons on May 13 and had not attended the trial.
The barrister put it to his client that he had booked his holiday on May 11. "I booked it in April," he replied, adding that he went abroad with five others.
O'Connor said he accepted that he did not attend the trial when he was supposed to "because I was after paying for a holiday."
When Mr Grehan asked him why he did not have his phone with him on the holiday, O'Connor said it was "broken". "I got it fixed the first time and it got broken again and I didn't want to pay for it again," he explained.
O'Connor said he has been held "in isolation" in Cloverhill Prison for the last 14 days and had received a "prison tracksuit, jocks and socks". When asked how he had found prison for the last three weeks, he said: "I didn't like it" and explained that he had never been in prison before.
He confirmed that he received €230 a week as an apprentice and lives at home with his parents.
Mr Grehan asked him what he had to say to the court about disobeying a witness order for a trial. "Sorry for any inconvenience caused," he replied.
Under cross-examination, Mr Fitzgerald said he was aware O'Connor had booked one-way flights and asked if it was "normal" to go on holidays that way. "I didn't know, if I got a job out there I would have stayed there for the summer," he said, adding that he had made the plan to go to Cyprus in April.
When asked why he had not told gardaí about his travel plans, he said there was "no reason".
Mr Fitzgerald asked why had it not occurred to him to inform gardaí that he was going away on a one-way flight, when he was given a train voucher by them on May 31. "I just didn't think of it," he said.
He agreed that he was aware through his mother that he was to appear in court but still had not come back.
Addressing the witness, Mr Justice Keane put it to him that Insp. Canny had said his flights were booked on May 11 yet he said in his evidence to Mr Grehan that the holiday was booked in April. In reply, O'Connor said he had paid for "a package" in April. He agreed with the judge that he had booked his holiday "in the context of his accommodation and various extras" in April but did not book his flights until May 11.
O'Connor also agreed with the judge that he had said nothing to the garda, who had served a witness order on him, about booking his flights to Cyprus for May 28 despite being given a witness order in connection with a trial due to commence on May 24.
O'Connor further agreed with the judge that he had chosen not to reply to Gda Byrne who had telephoned to remind him of his required presence at the trial.
In mitigation, Mr Grehan said the court had to have regard to the accused's age, as he was 19 years of age at the time. "Why all things might occur to us as proper functioning adults and the responsible thing to do. All of us should vicariously realise that is not necessarily the case when a young teenager and all their mates are heading off away," he submitted.
In reply, Mr Justice Keane said a 19-year-old should be able to obey a witness order. Mr Grehan told the judge that his client had already pleaded guilty to the offence and age was "the single most important factor when it came to sentencing."
Mr Grehan said it was the "hope and expectation" that as a person matures, they become a more functioning person in society. "Whilst that might sound very bad on first blush, the fact he was 19 has to be recognised," he remarked.
Another factor in mitigation, he said, was that the summons came into existence in February and was not brought to O'Connor's attention until 11 days before the trial was about to start. "Whilst of course he should have cancelled all his plans to come to court, it is nonetheless a small circumstance in relation to all this," he submitted.
Mr Grehan stressed that his client had already been punished to date and had brought "considerable adverse attention to himself in terms of publicity".
Before delivering the sentence today, Mr Justice Keane said it seemed that the prevailing view of failing to comply with a witness order was a contempt on the face of the court and must be dealt with as such.
The judge said the evidence established that the relevant witness order was issued on February 11 and was served on O'Connor by his own admission on May 13.
He said the accused had booked accommodation "on a package basis" in April and accepted that he had booked flights on May 11 to travel to London and Larnaca in Cyprus.
The judge said Mr Grehan had submitted that regard should be given to the "objective circumstances" that the witness order was issued in February for a trial due to commence on May 24. "That seems to be not that significant a factor in all of the circumstances. There are no provisions that a minimum notice period of attendance at trial be given," he said, adding that the accused had in fact been given 13 days' notice.
Mr Justice Keane said he had to bear in mind that the accused was 19 years of age at the time, had arranged a package to Cyprus in April and elected to book and pay for flights two days before the witness order was served on him.
However, the judge pointed out that the accused said nothing to the garda when the witness order was served on him on May 13 and said he had "forgotten" to mention it. "It must have been evident to him that he couldn't comply with the obligation of a witness order even if he had forgotten about when the garda served it on him and the garda had rang him to remind him about it," he said.
The judge said that the accused had been "candid" in his testimony that he had opted not to return to Ireland when he was contacted by his mother to tell him that he was required to give evidence.
"This has to be considered serious as it was blatant and premeditated and not inadvertent," he said, adding that the consequences of the contempt could only be viewed as a serious one.
He also stressed that the effect of the contempt on the administration of justice had "plainly disrupted" the conduct of a trial for a serious offence in the Central Criminal Court.
"He was quite honest in indicating that he paid for the package holiday and elected to prioritise those arrangements," he noted.
There was no suggestion of any other factors preying on O'Connor's mind when he decided to fail to attend the trial, he said.
Mr Justice Keane added: "It seems to me that the administration of justice fundamentally depends on the ability of the prosecution, and where appropriate the defence, to secure the attendance of the appropriate witnesses for the purpose of giving evidence in criminal trials. A calculated and deliberate decision to prioritise holiday decisions over legal obligations, it seems to me that general deterrents come into play."
The judge said this was a mistake that the accused was unlikely to make a second time.
However, he said that "a message must go out to every court in the land" that failure to comply with witness summons and the inevitable disruptions that this causes, is "a cause of action that cannot be tolerated".
The judge set a headline sentence of three months in prison.
In mitigation, he noted O'Connor's age, relatively good character, his apology from the witness box and the difficulty he had consulting with his legal representatives.
The judge also had regard to the fact that he had been in isolation for 14 days, which he said "no doubt must have made an unpleasant experience even more unpleasant".
Mr Justice Keane sentenced O'Connor to two months in prison, backdating it to June 28.
Referring to the submission made by Mr Grehan in relation to the case of Colin Hoey, the judge said there had been "forces operating" affecting Hoey's freewill in failing to comply with a witness order and that was not the situation here. "I can't take quite the same lenient view which Mr Justice Michael White took in Hoey," he remarked.
Key witness Colin Hoey failed to give evidence in the trial of Aaron Brady for the murder of Detective Garda Adrian Donohoe after receiving threats "backed by criminal or paramilitary elements".
In November 2020, Mr Justice White jailed Hoey (30) for 21 days and fined him €2,000 for contempt of court. Mr Hoey, with an address at O'Neill Estate, Cregganduff, Co Armagh, pleaded guilty to the charge after failing to appear to answer a witness order during the trial of Aaron Brady.
Following today's sentence, Mr Grehan asked the court to make a recommendation that the accused serve his sentence close to his family in Cork, which the judge agreed to do.
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