Court hears man threatened witness in 'very aggressive manner' at Tralee courthouse

The incident is said to have happened in front of at least two gardaí

The court heard that the accused had entered a witness room in Tralee courthouse and had stood over the witness and gesticulated "and shouted and roared and in a very aggressive manner". File picture: Dan Linehan

A 66-year-old man threatened a witness in a case in an aggressive manner not to give evidence at Tralee Courthouse, and he did so in front of at least two gardaí, Killarney District Court heard on Tuesday.

Joe O’Shea of Cois Coille, Tralee, was before Killarney District Court on Tuesday charged that he did threaten, menace, intimidate, put in fear a witness in proceedings with the intention of causing the course of justice to be obstructed, perverted or interfered with. The offence is alleged to have occurred on Monday, March 11, at Tralee Courthouse, Ashe Street, Tralee.

The charge is contrary to Section 41 (1) and (5) of The Criminal Justice Act, 1999. He made no reply to the charge, Garda Jonathan Griffin said giving evidence of arrest, charge and caution.

Gardaí were applying to have the accused remanded in custody. They were objecting to bail, because of the seriousness of the offence and the nature and strength of evidence. Intimidating a witness carried a sentence of up to 10 years on conviction, Sgt Stephen O’Brien, prosecuting, said.

Gardaí also believed Joe O’Shea would interfere with witnesses and would not turn up for court, the sergeant said.

Garda testimony

Garda Griffin said there was strong evidence. Gardai had first hand witnessed the alleged intimidation, there was corroborating evidence, a witness statement from the civilian witness and alleged injured party, the garda said.

The accused had entered a witness room in Tralee courthouse in a case before the court. He had stood over the witness and gesticulated "and shouted and roared and in a very aggressive manner" and told the witness to leave the court, Garda Griffin said under cross-examination by solicitor Padraig O’Connell.

This had all happened where a witness was waiting specifically for a case and in the courthouse and in the presence of two gardaí and Garda Griffin himself had in part witnessed it. He had heard the shouting and roaring as he entered the room in the court.

When being escorted from the room and having been advised by Garda Griffin, Joe O’Shea told the garda to "fuck off, get your hands off me," the court was told.

Mr O’Connell said his client was "totally unaccepting the allegations before the court". He would be denying them if it came before the court.

Bail hearing

Mr O’Connell said he was suggesting conditions for bail including that his client, who is aged 66 and has a permanent address at Cois Coille, Tralee, would reside there and would abide by curfew.

"And he will stay away from the courthouse in Tralee, except for any court appearance," Mr O’Connell also said.

Sgt O’Brien said further charges were being contemplated and a file was being prepared for the DPP. Judge David Waters said the charge of intimidating a witness was an extremely serious offence and may not be dealt with in the District Court . It was an indictable matter.

There was strong evidence, the judge said, who also said it was alleged that the accused man saw fit to go into a courthouse on a date a case was listed before the court and he had sought out witnesses and threatened a witness not to give evidence.

Joe O’Shea, even when detected, had been "completely unapologetic," Judge Waters said. The judge was refusing bail. He remanded O’Shea in custody to appear via video link before Tralee District Court on Wednesday, March 13, for directions from the DPP.