A man accused of murder allegedly discussed a life sentence with gardai and told them when he got out of prison he would go for a pint with them, a murder trial jury heard yesterday.
Mr Joseph Delaney agrees there was some discussion of life sentences but contests the written memos of Garda interviews with him. At the Central Criminal Court, Mr Delaney (53), formerly of La Rochelle, Naas, Co Kildare, denies that he, with his son Scott, then 22 years old, murdered Mark Dwyer (23) on or about December 14th, 1996 within the State.
Mr Delaney has also pleaded not guilty to a second count that on the same date at Foster Terrace, Ballybough, Dublin, he falsely imprisoned Mark Dwyer. Mr Scott Delaney has already been convicted of the murder.
The prosecution alleges Mr Delaney either killed Mark Dwyer or ordered him killed because he thought he had stolen ecstasy tablets worth £20,000 which Mr Delaney had arranged to be smuggled here.
Det Sgt Gerard McDonnell said when he interviewed the accused along with Det Garda William Mullis on Christmas Eve 1996, he told Delaney he must know he could be charged in connection with Mr Dwyer's death.
Mr Delaney said: "I know that well. How long is life anyway?" Det Sgt McDonnell told Mr Delaney "the experts" said life was around 11 years, at which Mr Delaney said he would like to meet them for a drink "when he got out".
In that interview also, Mr Delaney is alleged to have said: "Mark Dwyer is a scumbag, I got rid of him." But asked if he meant he shot Mark Dwyer, Mr Delaney said: "No, I did not do it. I just got rid of him out of my house."
Det Garda Mullis, also attached to Fitzgibbon Street Garda station, told the court that during another interview with the two detectives which began at 9.45 p.m. on December 22nd, another man, who will give evidence in the trial as a prosecution witness, was brought into the interview room.
This man put a series of allegations to Mr Delaney who "turned as white as a sheet, he swallowed very hard and he immediately asked for a cigarette", Det Garda Mullis said. The court heard that during a High Court adjournment hearing on June 9th, 1997, when his solicitor was not present, the accused stood up and alleged gardai had broken his teeth in custody and made an offensive remark about Det Sgt McDonnell. The following morning, in the presence of his solicitor, Mr Delaney withdrew these accusations and apologised.
Det Garda Anthony Lane gave evidence that on December 31st, 1996, while walking in the tunnel connecting the Bridewell and Dublin District Court Mr Delaney said: "I know who did this. " Check out the uncle, he had the motive." Det Garda Lane believed Det Sgt McDonnell had investigated Mr Delaney's claims. He said he had known of Mr Delaney before he met him because he had spent 12 years in the National Drugs Unit. Det Garda Martin Sullivan and Det Garda James B Hanley of the investigation section, Harcourt Square, also interviewed Mr Delaney between 11.30 a.m. and 3.15 p.m. on December 23rd, 1996. In this interview Mr Delaney repeated he had spent the night of December 13th at home in the cottage he rented at Newhall in Kildare and was joined there by a female friend.
They could not sleep, he said, and they went to McDonald's in Kylemore Road for breakfast before returning to the house, La Rochelle, again. Det Garda Sullivan said they had a copy of a tape of the 999 call which had alerted gardai to two people lying in a field in Scribblestown Lane, Finglas - where Mark Dwyer's body was found along with Scott Delaney. This they played to Mr Joe Delaney who denied the caller was himself. The trial continues on Monday.