Accused said CCTV would show he “didn't do anything to anybody”
A Limerick man on trial for threatening to shoot a man and burn his “house to the ground” told gardaí he didn't threaten anybody and CCTV would show that.
Larry McCarthy Jnr (37), with addresses at the Old Cork Road and Cornmarket Villas in Limerick, is charged with threatening to kill Noel Moore and threatening to damage Mr Moore's property at Windsor House, Donoughmore, Limerick on July 28, 2015.
Arraigned on the charges before the non-jury Special Criminal Court on Monday, Mr McCarthy Jnr pleaded not guilty to both counts.
Opening the State's case, prosecuting counsel, Diana Stuart BL, told the three-judge court that Mr McCarthy Jnr's sister, Laura, was married to Mr Moore's son, TJ, and that the alleged threats arose out of “ongoing difficulties” between the two families.
Noel Moore has given evidence that while looking out his window on the day in question, he saw a gentleman with red hair running across his garden. It was Larry McCarthy Jnr who was “roaring at me” and was “in a rage” at his front door, the witness said.
Mr Moore told Ms Stuart that Larry McCarthy Jnr said to him “I'm going to fucking shoot you” and “I'm going to get my buddies to burn your house to the ground”.
Mr Moore, a 74-year-old market stall-holder in Limerick, said he knew Larry McCarthy Jnr for “many years, since he was a young boy. I believed what he was saying to me, (that) he was capable of doing it, of shooting me.”
Under cross examination from defence counsel, retired judge Barry White SC, Mr Moore denied propositions that his son TJ was the "driving force" behind an ongoing family dispute.
Mr White put it to Mr Moore that Mr McCarthy Jnr never threatened to shoot him, that Mr McCarthy Jnr said to him (Mr Moore) that he would “torment you that way your son (TJ) was tormenting his father (Larry McCarthy Snr)”.
In response, Mr Moore said Larry McCarthy Jnr “threatened to kill me and to burn my home to the ground”.
“He told me he'd be back and said you know who you're dealing with,” Mr Moore said.
Giving evidence today, Detective Garda Niall Fitzgerald told Ms Stuart that he met Noel Moore on the date in question. He said Mr Moore was shaking, extremely distressed and had tears in his eyes.
Detective Garda Fiona O'Connell told Ms Stuart that she stopped Mr McCarthy Jnr at around 10.25pm that evening in a black BMW.
Having been informed of a complaint made against Mr McCarthy Jnr, Det Gda O'Connell said she satisfied herself that there were grounds for his arrest.
Det Gda O'Connell said she explained to Mr McCarthy Jnr that he was being arrested on suspicion of making a threat to kill or cause serious harm.
The Special Criminal Court was shown today a video recording of Mr McCarthy Jnr's first Garda interview.
The video showed Mr McCarthy Jnr asking the interviewing Gardai what the allegation was.
He was told he was arrested on suspicion of making a threat to kill or cause serious injury.
In response, Mr McCarthy Jnr said he “didn't threaten anybody” and that CCTV cameras on the front of Mr Moore's house would show that he, Mr McCarthy Jnr, “didn't do anything to anybody”.
On Tuesday, Patrick Hackett, an unsworn member of An Garda Siochanna, told Ms Stuart that he downloaded CCTV footage from Windsor House on July 29, 2015. He said there were three external cameras feeding live footage into the system.
Under cross examination from Mr White, Mr Hackett said there was no recorded footage from the relevant time. He said the earliest recording on the system was from nine o'clock the previous night and there was no earlier recorded footage than that.
He said it was possible the system had been wiped but there was no way of knowing.
He said it wouldn't be untypical for a home system to store recorded footage for “maybe a day or two”.
The trial continues today in the non-jury court before Mr Justice Tony Hunt, presiding alongside Judge Martin Nolan and Judge Flann Brennan.