THE FACT that an alleged threat to kill had been made in the past tense was a factor in the acquittal of a man at the Special Criminal Court yesterday.
The judges in the non-jury court ruled that the alleged threat made by Michael Bridgeman (51), as described in evidence, was made in the past tense and could not amount in law to a threat as to future conduct, which would be “essential for a conviction in this case”.
Mr Bridgeman, Glenview, Ballyneety, Co Limerick, had denied making a threat to Mark Heffernan (28) to kill or cause serious harm to his father Mark Heffernan snr (47) at John Carew Park on a date unknown between September 1st, 2008, and October 25th, 2008.
Mr Bridgeman has also denied demanding money with menaces from Mr Heffernan jnr on a date unknown between September 1st, 2008, and October 25th, 2008, at the same address.
The court made its ruling after an application by defence counsel Brendan Grehan SC, who argued that a threat to kill embodied a threat of future conduct and had to be intended for another person to believe it would be carried out.
He said that Mark Heffernan’s assertion that the accused man told him he “could have had” his father shot and his sister “done” was a statement in the past tense and could not amount to words in law of a threat to future conduct.
Presiding judge Mr Justice Paul Butler, sitting with Judge Alison Lindsay and Judge Flannan Brennan, said the fact that Mr Heffernan jnr did not report the alleged threat until March 6th, 2010, 18 months after the incident in question, lent “further weight” to the view that the words did not amount to a threat as to future conduct.
Delivering the ruling from an e-reader, Mr Justice Butler said the court also concurred with Mr Grehan’s assertion that charges against the accused man could be dismissed on the basis that Mr Heffernan Snr gave evidence of the alleged threat to kill being directed at him and not his son, contradicting the charge as laid out in the indictment.
However, Mr Justice Butler added that the court was satisfied the Heffernan family had been subjected to a lot of intimidation, to such extent that they were under 24-hour Garda protection.
Mr Bridgeman was acquitted and the case discharged.
The court had heard that problems arose between the two men after Mr Bridgeman invested in a nightclub venture, known as West, which Mr Heffernan had established in Limerick.
Although the nightclub enjoyed initial success, within weeks of the opening night the relationship between the two men had broken down completely and the enterprise eventually folded in October 2008.
Mr Heffernan said that in the ensuing months he was subjected to a campaign of intimidation by three other men who demanded that he give money to Mr Bridgeman.
The accused man told gardaí that he personally lost as much as €189,000 in the failed venture.
He said that although he was seeking payment from Mr Heffernan in respect of that, he had no association with the three other men.
Mr Heffernan alleged that on one occasion Mr Bridgeman called to his home in John Carew Park in the company of the three other men, and, in the midst of a “fiery” exchange over money, told him he “could have had” Mr Heffernan’s father shot and his sister “done”.