A MAN involved in planning a murder in Dublin more than two years ago was granted immunity from prosecution after he gave statements against four other men.
Joseph O’Brien (26) is now the chief prosecution witness in the trial of those men at the Central Criminal Court, where they are charged with murdering a father of three.
John Carroll (33), was shot dead while socialising in Grumpy Jack’s pub in The Coombe just after 9.30pm on February 18th, 2009.
Peter Kenny (28), of McCarthy’s Terrace, Rialto; Christopher Zambra (35), of Galtymore Road, Drimnagh; Damien Johnston (27), of Cashel Avenue, Crumlin; and Bernard Hempenstall (26), of Park Terrace, The Coombe, have pleaded not guilty to his murder.
Mr O’Brien agreed with Patrick Gageby SC, prosecuting, yesterday that he was arrested trying to leave Ireland shortly after the killing, and made a series of statements to gardaí.
“Quite a long time later, you were informed that you wouldn’t be prosecuted,” said Mr Gageby. “Yeah. A couple of months ago I was told,” he said.
He agreed he was granted immunity in relation to his involvement in the circumstances surrounding the death of Mr Carroll.
He agreed this was on the basis of any statements he gave in writing or orally, and any evidence he would give in court. He agreed this immunity was “unconditional and irrevocable”.
He had told the court Mr Kenny was the gunman, and that Mr Johnston had driven Mr Kenny to the scene on a motorbike, which Mr O’Brien said he was to burn.
He said Mr Kenny burned his leg while travelling as a pillion passenger that night. The court has already seen material burnt on to the exhaust pipe of the motorbike allegedly used, which had no foot rests for a pillion passenger.
Mr O’Brien agreed with Michael O’Higgins SC, defending Mr Johnston, that he was a member of a murder team and that he knew what joint enterprise was. “I’m not a murderer. I didn’t murder anyone,” he said, however.
Mr Justice Barry White later asked him why he agreed the two men on the motorbike were murderers, but not himself. “I know I was involved in it, but I didn’t pull any trigger,” he responded.
Mr O’Higgins asked him to turn around and look at the four defendants sitting behind him.
“They’re sitting there on the basis of common design. You ought to be sitting there,” said Mr O’Higgins. “On the basis of your confession, you ought to be serving life in prison.”
Mr O’Brien had given evidence he had driven Mr Kenny to Harold’s Cross to get the gun, but was told to get off the motorbike in Crumlin, where Mr Johnston got on. He said he stood at a corner there for about eight minutes while Mr Johnston and Mr Kenny carried out the murder. He said it was a busy road and that he was wearing part of a rainsuit and holding a helmet under his arm.
He could not explain why gardaí could find nobody who had seen him there that night. “You drove that bike to Grumpy Jack’s, didn’t you?” asked Mr O’Higgins.
“I didn’t,” replied the witness. “You did, you know,” responded Mr O’Higgins. “Your story is preposterous, nonsensical and an insult to intelligence.”
He agreed he had been “cut up” in prison when serving a sentence for selling cocaine, but could not remember who had cut him.
He described Mr Johnston as a friend and mentioned having gone on holiday with him.
Mr O’Brien will spend his third day in the witness box on Tuesday.