Garda denies murder accused was threatened in car

A GARDA detective yesterday denied a suggestion that a publican charged with murder was told in a Garda car that he would be …

A GARDA detective yesterday denied a suggestion that a publican charged with murder was told in a Garda car that he would be better off committing suicide.

Det Sgt John Colgan also denied that Mr Francis McCann's face was held by another garda or that Mr McCann was threatened that he would have the "living daylights" beaten out of him.

The witness was testifying on the 34th day of the trial at the Central Criminal Court of Mr McCann (36), who has denied the murders of his wife Esther (36) and an 18 months old baby, Jessica, at the family home at Butterfield Avenue, Rathfarnham, Dublin, on September 4th, 1992.

In court yesterday. Det Sgt Colgan told Mr Tom O'Connell BL, prosecuting, that he was present when Mr McCann was arrested on November 4th, 1992.

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The witness said he was present on April 22nd, 1993 when Garda notes were read over to Mr McCann. He said Mr McCann had made an addition to the notes and initialled the addition. He said Mr McCann was then arrested on foot of warrants and appeared before the local district court later that evening.

Cross examined by Mr Barry White SC, defending, Det Sgt Colgan denied that another garda had held Mr McCann's face while he was being brought in a Garda car to Tallaght Garda station following his arrest on November 4th, 1992. He denied that the same garda had told Mr McCann he would be better off committing suicide and further denied that the garda had talked of a razor blade, a drugs overdose and had made a gesture across his neck.

He denied Mr McCann had been told by that garda he could do "what he did to Esther and Jessica" and "put a match" to himself. He denied that the garda told Mr McCann another man would put a bullet in his back should he walk out of the Garda station and that the gardai wouldn't be doing much investigating.

Garda Supt Pat King said that on November 4th, 1992, it was decided, after consultation, to arrest Mr McCann under Section 30 of the Offences Against the State Act.

He said he had instructed another garda at 1.15 p.m. on November 6th to release Mr McCann from the provisions of Section 30. He saw Mr McCann leave the station about 1.25 p.m. and return shortly afterwards.

Supt King said it was decided to arrest Mr McCann because it was the view of the investigating gardai that the fire at Mr McCann's home was started deliberately with the use of accelerants and a gas cylinder.

The trial continues today before Mr Justice Carney and a jury.