A DUBLIN publican arranged n fire at his family home which killed his wife and an 18 month old girl, a murder trial jury was told yesterday.
Mr Francis McCann wanted to avoid telling his wife Esther that they could not adopt baby Jessica, who had been living with them since birth, Mr Kenneth Mills SC, prosecuting, told the jury at the Central Criminal Court.
Mr McCann (36) pleaded not guilty to the murder of his wife Esther (36) and Jessica at their home at Butterfield Avenue, Rathfarnham, Dublin, on September 4th, 1992. Jessica was a blood relative of the accused man but not a child of his marriage to Esther, said Mr Mills.
The McCanns married in 1987 but there were no children from the marriage. Ms McCann was obsessive about having a child and the couple agreed to try and adopt Jessica.
At about 1.40a.m. on September 4th 1992, neighbours heard a bang. They saw flames in the hall of the McCanns house. The fire brigade arrived around 2 a.m. and, although the fire was soon under control, the damage surprised them.
Fire officers found Ms McCann's body upstairs where she had collapsed. Jessica's body was found in her cot.
Mr Mills said that in the course of the fire, Mr McCann arrived, had to be restrained and appeared to collapse.
State pathologist Dr John Harbison would tell the jury that Ms McCann died from inhalation of fumes from the fire, and that Jessica died from inhalation of smoke from the fire.
He said Mr McCann had reported to gardai from mid-August to September that he had been receiving threatening telephone calls at the pub he jointly owned with his brother.
Mr McCann had reported to gardai in Blessington and Rathfarnham that he had received telephone calls threatening to burn his pub. A nearby pub had also received threatening telephone calls.
A telephone trace had shown a threatening call was made to the pub across the road from Mr McCann's home.
Difficulty had arisen about Jessica's adoption, said Mr Mills. The Adoption Board told Mr McCann it had a problem about going ahead. It also advised him that his wife and the natural mother should be made aware of the problem.
Mr Mills asked the jury. "You may well ask why should that lead him to the diabolical act of setting fire to the house in which his wife and Jessica were fast asleep?"
He said it appeared that Mr McCann had a problem telling his wife why the Adoption Board was not proceeding with the adoption.
He said Mr McCann had reported in July to Bord Gais that gas was escaping from his house. Bord Gais found no leakage. A further escape was reported and on this occasion gas was detected.
Bord Gais decided to remove the gas meter from the inside of the house to the outside. On July 28th there was a further complaint from Mr McCann and Bord Gais found massive pollution in the house. Officials found that floorboards in a cupboard under the stairs had been taken up and the gas pipe severed. Further investigation showed that the joint could only have been severed by the application of heat.
Mr McCann became a Garda suspect and was arrested and charged. Mr Mills told the jury that the deaths of Esther McCann and Jessica were caused by Mr McCann in the course of his weaving a web of deceit with gardai and the gas company.
He told the jury they would be satisfied that it was "a diabolical deceit".
The trial before Mr Justice Carney continues today.