A 20-year-old plasterer has been jailed and fined for going on holiday to Ayia Napa, instead of giving evidence in the trial of a teenager who committed violent disorder at the Cameron Blair murder scene.
In sentencing Craig O’Donoghue to two months in prison for a “premeditated, flagrant and persistent” contempt of court, Mr Justice David Keane described him as the author of his own misfortune regarding the contempt, but also regarding his testing positive for Covid-19 on his return from Cyprus.
O’Donoghue, of Killala Court, Knocknaheeney, Cork was before the Central Criminal Court on Wednesday. His co-accused, Darragh O’Connor (20), of Deermount, Deerpark, Cork, was sentenced for a similar contempt last week.
Detective Garda Bríd Norris was the lead investigator into the murder of Cameron Blair.
She told prosecution counsel John Fitzgerald SC that a teenager had pleaded guilty to Mr Blair’s murder and received a life sentence. However, another teenager was due to go on trial on May 24th, charged with violent disorder, and O’Donoghue was witness 36 in the book of evidence.
She said that he was in position to identify (the teenager) as being present and having been in possession of a bent silver butter knife.
“But it was useless. You couldn’t cut anyone with it,” O’Donoghue had told gardaí.
O’Donoghue was served with a witness order on May 3rd this year. The garda serving the order also explained where and when he would be required to attend. O’Donoghue raised no issue and said nothing about his unavailability.
However, as the trial approached, he did not answer calls and did not show up to Douglas Garda Station to collect a train voucher and copy of his witness statement.
The trial commenced at the end of May and it was indicated that O’Donoghue would be needed on June 2nd.
Gda Byrne rang his phone on 10 occasions and a sergeant called to his home. O’Donoghue’s mother informed the sergeant that O’Donoghue was on holidays in Ayia Napa, Cyprus.
Gardaí learned that he had boarded a Ryanair flight out of Ireland on May 27th, which had been booked on May 11th.
O’Donoghue expressed concern about media coverage of the trial. He said he had an open ticket and might return on June 30th or July 1st.
On June 16th, the defence accepted that the teenager on trial was in possession of the butter knife and the trial ended. The DPP said it was not proceeding with the count of possession of a knife in circumstances where the accused accepted he was in possession of a butter knife, which would not come within the meaning of the original charge.
O’Donoghue returned home on July 2nd and was arrested at Dublin airport. He has been in custody since.
Michael Bowman SC, defending, told the judge that O’Donoghue acknowledged his contempt and handed in a letter of apology.
“He has had an opportunity to reflect while in prison,” he said. “He accepts unreservedly he was wrong in every step he took, not only in terms of the law, but that he also had a moral obligation.”
Mr Bowman said his client expressed his remorse to the court and the Blair family.
Mr Justice Keane described it as a “flagrant” contempt. He noted that his co-accused had been served with the witness summons after he had booked the holiday, but that O’Donoghue had been served with a witness order beforehand.
“The contempt was premeditated, deliberate, flagrant and persistent,” he said. “He was aware of his obligation and nonetheless booked to depart for a holiday. He had the intention to disobey the witness order.”
Mr Justice Keane set a headline sentence of three months in prison, but reduced it by a month after considering mitigation, which included O’Donoghue’s regret and that he was of previous good character.
He said that it was also appropriate to impose a fine of €1,000. He gave him nine months to pay it.