Judge warns of threat to justice system

A Circuit Court judge yesterday warned of a serious threat to the administration of justice and of social anarchy if witnesses…

A Circuit Court judge yesterday warned of a serious threat to the administration of justice and of social anarchy if witnesses continued to fail to give evidence.

Nine witnesses called by the prosecution had said they were unable to help the court.

Judge Carroll Moran directed the jury in the trial of Mr Michael Faulkner of Mitchell's Crescent, Tralee and Dunmore Gardens, Knocknaheeny, Cork, to bring in a not-guilty verdict.

He did so with the greatest reluctance, he said, but the prosecution had failed to prove the case.

READ MORE

Mr Faulkner was charged with violent disorder on the night of December 26th and 27th, 1999. He denied the charge.

Nine witnesses in the case failed to give evidence.

One after the other, in the circuit court in Tralee on Wednesday, the nine witnesses for the prosecution took the stand and said they could not remember the events of the night in question. If they could, they would have given evidence, they each said.

Other witnesses failed to turn up and warrants were issued for them.

Gardaí who were called to a disturbance at Mitchell's Crescent, Tralee, the then home of the Russell family, gave evidence of scenes of "complete bedlam" and damage of over €4,000 to the house.

Windows were broken, furniture was smashed and vehicles outside the house had their windows and lights smashed.

There were scenes of pushing, shouting, screaming and crying by frightened members of the Russell family inside the house.

Sgt Kieran O'Connell saw Mr Faulkner hold a chair over a person's head and draw it down.

When called by the prosecution, witnesses Ms Hannah Russell, Mr Patrick Russell, Mr Danny Russell, Ms Margaret Russell, Ms Laura Russell, Mr Michael Russell, Mr Thomas Russell, Mr James Russell, and Mr Jonathan Russell, residents of Mitchell's Crescent on the night in question, each said they could not remember what happened.

Only one, Mr Patrick Russell, who the court heard had a hearing problem, had appeared to give slight variation and Judge Moran noted "there was a chorus in the back of the court when he wasn't following the apparent script".

After lengthy legal argument and submissions by the barrister for the defence, Mr Tom Rice, Judge Moran told the jury the real problem was that the Russells and other potential witnesses would not swear up.