Lawyers for man accused of threatening to kill challenge witnesses credibility
Lawyers for a Limerick man on trial for threatening to shoot a man and burn his “house to the ground” have claimed the credibility of witnesses is central to their case.
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 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.”
Counsel for Mr McCarthy Jnr, retired judge Barry White SC, told presiding judge Mr Justice Tony Hunt today that the credibility of witnesses was central to his case.
Under cross examination from Mr White today, Mr Moore said he was a market stall-holder in Limerick trading in second hand tools and other items.
Mr Moore said he would get the tools and other items from car boot sales and markets in England.
He denied he got second hand tools from a relation of his named 'Willie O'Donoghue', who, Mr White suggested was on a “most wanted list” in the UK for receiving stolen property and who had featured prominently on the UK Crimewatch show when they were looking at him for certain matters.
Mr White put it to Mr Moore that his grandson James did more than kickboxing, as the witness had said.
Mr White referred to a bare knuckle fight which “attracted an amount of publicity” for having taken place in a church, on consecrated grounds. Mr Moore said the fight took place at the beginning of last year and was supposed to take place in a nearby rugby field. Mr Moore said he was outside the gate and denied encouraging anybody involved.
Mr Moore denied Mr White's proposition that there had been an ongoing family dispute, that his son TJ was the "driving force" behind it and that TJ was objecting to people parking in what he perceived to be his parking space.
In response to a suggestion that TJ was known to slash the tyres of cars parked in what he believed to be his parking lot, even though there was no designated parking at that location, Mr Moore said he had “never heard that”.
In response to a proposition that TJ was “not an angel”, Mr Moore said he had “never said so”.
In response to a proposition that TJ was “a drug dealer”, Mr Moore said “I don't know that”.
He said he didn't no whether his son TJ had convictions for drug dealing but accepted he had served a prison sentence when asked about convictions for threatening, insulting and abusive behaviour in a public place.
When asked if he had ever heard of the expression 'it takes to two tango', Mr Moore said “it all depends who started it”.
When asked by Mr White if he was suggesting his son TJ was “henpecked” by his wife and she told him what to do, Mr Moore said “correct”.
Mr White put it to Mr Moore that Mr McCarthy Jnr never threatened to shoot him, that what Mr McCarthy Jnr had said to him (Mr Moore) was that he would “torment you the way your son was tormenting his father”.
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.
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/tomorrow(WEDNESDAY) at the non-jury court before Mr Justice Tony Hunt, presiding alongside Judge Martin Nolan and Judge Flann Brennan.