A Limerick man accused of murdering his wife's lover told a jury in the Central Criminal Court yesterday he was extremely sorry the man was dead, and he had not intended him to be killed.
Mr Patrick Brennan (54), of St Ida's Street, St Mary's Park, Limerick has pleaded not guilty to the murder of Mr Sean Colbert (53), father of eight, of Lenihan Avenue, Prospect, Limerick on August 9th, 1996.
Earlier, prosecution counsel Mr John Edwards SC told the court it was the State's case that the accused had procured the death of Mr Colbert as he believed his wife was having an affair with him.
In his evidence, Mr Brennan said his son, who is serving a 10year prison sentence for the manslaughter of Mr Colbert, approached him with another man and proposed "sorting out" Mr Colbert. The two men "came into the shop and said to me, `Look Paddy, we know what you're going through. We'll sort out your man for you.' . . . My instructions were to give him a bad fright, let off a few shots", Mr Brennan said.
"Then I get a call from my son saying (the other man) lost it, stoned out of his mind on drugs, made a cock-up of it. I was in an awful state after that."
"I never intended Mr Colbert to be shot," he said. He added: "I'm extremely sorry for what happened." Mr Brennan said he had suffered "torment", that he had been "going through hell."
He admitted that he gave the two men money "to clear off out of it, after what happened, after they made a right cock-up out of it" and that one went to England shortly after.
In cross-examination, Mr Brennan said he had told gardai he had been involved in Mr Colbert's death because he had been made promises by gardai that he would be released.
He said he had been "too frightened" to make any complaints about alleged mistreatment of him by gardai during his time in custody and that what he had said in previous statements was untrue.
Mr Edwards put it to the accused that Garda statements allegedly made by Brennan were made "freely and voluntarily and that their contents are the truth". Mr Brennan replied: "No my Lord, they're not."
Mr Edwards continued: "And that your decision to make a statement was your own decision based upon a realisation that you'd have to face up to what you had done." Mr Brennan replied: "No my Lord, that's not correct."
Previously the court heard that after his arrest under Section 30 of the Offences Against the State Act on September 18th 1996, Mr Brennan had said in his statement he believed his wife was having an affair and he was "tormented" and "was going crazy."
Mr Edwards had told the court that on the night of the shooting, Mr Colbert returned from visiting Mrs Brennan and was walking up the steps of his home when he was "shot twice in the back from behind. Two people dressed in balaclavas were seen running away from the scene".
The trial before Mr Justice Barr and a jury of nine men and three women continues on Monday.