A PUBLICAN told his two brothers he had agreed a suicide pact with his wife and that he was meant to "go up" with his wife and a baby when they died in a fire at their home, the Central Criminal Court heard yesterday.
Mr Michael McCann and Mr Bernard McCann said they were present when their brother, Mr Francis McCann, made a statement on November 6th, 1992, admitting to having petrol in his home and lighting a match. They said their brother had spoken of a "whoosh".
They were testifying on the 38th day of the trial of Mr Francis McCann (36), who has denied the murders of his wife Esther (36) and a baby, Jessica, at the family home at Butterfield Avenue, Rathfarnham, Dublin, on September 4th, 1992.
They said their brother said he and his wife had agreed a suicide pact to "clear up the mess" regarding problems with the adoption of 18 month old Jessica. Mr Michael McCann said they had told him it would be in everyone's interest if he made a confession. He said a garda had told him the previous night that Frank had more or less admitted everything except setting the fire.
The jury has been told Jessica was a blood relative of the accused man but not a child of his marriage to Esther. The prosecution has claimed Mr McCann arranged the fire because he did not want to tell his wife why the Adoption Board had refused the couple's application to adopt Jessica.
Cross examined by Mr Barry White SC, defending, Mr Bernard McCann denied he and Michael put pressure on Frank to make a statement.
Mr Michael McCann said a garda told him on November 5th that Frank had gone a good way to help but not all the way. He said there was a family conference. "We decided at the family meeting we would try to get Frank to confess to lighting the fire", he said. "We assumed at that stage he must be guilty."
At that time, he believed Frank had done it on the basis of what the gardai had told them. He said Frank responded to them and told them about a suicide pact.
The witness said he recalled Frank speaking about holding a match, it burning his fingers, falling on the floor and a "whoosh".
The trial continues today before Mr Justice Carney.