A BUILDING contractor who committed perjury while giving evidence at Navan District Court was yesterday given a six-month jail sentence. Declan Barry (35), of Navan, Co Meath, had pleaded not guilty to perjury at Navan District Court on October 19th, 2005. He was before the court to face three summonses, two for public order offences and one for assaulting a security man at Supermacs, Navan, on December 5th, 2004.
He contested the offences and in his defence he called evidence from an Edward Stafford. Barry was convicted of perjury by knowingly and falsely swearing at Navan District Court that Mr Stafford was present at Supermacs, Navan on December 5th, 2004.
He also told the District Court that Mr Stafford had made contact with him after reading a report in the Meath Chronicle about the case. It later emerged that Mr Stafford was working for Barry at the time.
The District Court heard that Mr Stafford said he had approached the garda called to the scene and that she told him to f*** off. After the court case this was investigated by gardaí and Judge Michael White said the allegation against the garda was “groundless”. Barry was sent forward for trial and at Trim Circuit Court last year he was found guilty of perjury.
At the sentencing at Trim Circuit Court yesterday, State prosecutor Jonathan Kilfeather said that in interviews with Garda Sgt Alf Martyn after the District Court hearing, Mr Stafford admitted he had worked for Barry at the time.
Barry’s only previous convictions were for the two public order offences at Supermacs.
Kevin Segrave, defending, said that given the current economic decline Barry had no business and was on social welfare. He had three children and a substantial mortgage.
Judge White said it was an unusual offence in that the system of justice operated under the Constitution had been challenged in a particularly severe way. He said judges hearing cases on their own “put great store in an independent witness who comes forward”, and particularly so in contested cases.
The judge said the jury found Mr Stafford was not at the scene of the incident and concluded that he was not an independent witness as he was known to Barry prior to the case.
Judge White also said the reputation of the garda involved was impugned as “very serious allegations” were made against her. These were “absolutely groundless and untrue”, he added.
He said the court’s view was that this was “an attack on the system of justice”, and the appropriate sentence was two years.
The judge suspended the last 18 months on Barry entering into a bond of good behaviour.