Murder accused did not fire fatal shot, garda says

MS Anne Marie Sacco did not fire the shot that killed her 29-year-old husband, Franco, the High Court has been told.

MS Anne Marie Sacco did not fire the shot that killed her 29-year-old husband, Franco, the High Court has been told.

Det Sgt James Costello, of Tallaght Garda station, told Mr Justice Kelly yesterday that the killing took place in the Saccos' Dublin home last Thursday.

Ms Sacco was given conditional bail.

Mr Justice Kelly said that in the absence of jurisdiction to hear the application in camera, it seemed to him the newspaper reporters in court must be regarded as having knowledge of the law of contempt and the rights of an accused, and should exercise discretion in relation to the way they reported the matter.

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Mr Justin Dillon, counsel for the DPP, said the State was opposing Ms Sacco's application for bail pending her trial for murder.

Det Insp Martin McLoughlin said he believed the defendant would abscond because of the seriousness of the charge, the nature of the evidence and the likely sentence in the event of conviction.

Insp McLoughlin said Ms Sacco was of Italian origin and he believed she had many links with Italy. Although she was an Irish citizen, he believed she might go to Italy.

He told Mr Ricardo Dourado, counsel for Ms Sacco, that although there had been a time lapse of three days between the incident and the arrest of Ms Sacco, he believed that since she had been charged there was a greater likelihood of her absconding.

Sgt Costello said he was in the home of Ms Sacco's father, Mr Luigi Sacco, at Riversdale Park, Kimmage, on Sunday when his daughter was arrested, and he noticed furniture and clothes were missing. He had been told by Mrs Luigi Sacco that the furniture had been moved to Italy together with the clothes and the family car, and that the couple planned setting up home in Italy in a few months.

Mrs Sacco had told him another daughter, a married woman with one child, would be staying in the house.

Sgt Costello said Mr Luigi Sacco, who had been in Ireland since 1969, owned four fish-and-chip shops in Parnell Street, Ranelagh, Rathfarnham and Crumlin.

He told Mr Dourado it could be a year to 18 months before the case would come up for trial.

Sgt Costello said that if Mr Luigi Sacco was prepared to lodge the deeds of his properties or a large sum of money in court, and Ms Sacco was to surrender her passport and undertake not to leave the jurisdiction and report daily to gardai, it would help allay fears of her absconding.

Mr Gerard Costello, a solicitor, told the court he had acted for Mr Luigi Sacco in the purchase of company property for a number of years and did not believe they intended moving back to Italy to live.

He said Mr Sacco was in the process of purchasing two properties in Ballyfermot and Mulhuddart. But for the tragic circumstances he would have expected to close one of the purchases this week.

Mr Sacco's properties were worth a lot of money but had mortgages against them.

Mr Costello told Mr Dourado that the first he heard of Mr Sacco setting up home in Italy was this week. Mr Sacco was from the south of Rome and regularly visited Italy.

Mr Sacco said he was an international bowls player and in order to represent Ireland he had changed his Italian passport to an Irish one 12 years ago. He had been in Italy recently because his father was due to undergo an operation and he had driven there with friends in his car.

That was why his car was in Italy. He had taken some of his bowls trophies and other items to Italy, but his furniture had not been moved. He said he had not planned to live in Italy, but agreed with Mr Dillon he could run his businesses from there.

He said he would be willing to lodge title documents to his properties in court. He had a substantial amount of money in a building society and was prepared to lodge a large sum of money if he had to.

He said there would be no problem with his daughter residing with him and his family at Ravensdale Park, Kimmage, and he would do everything he could to ensure she turned up for future court hearings and for her trial.

Mr Sacco said he was aware that if he lodged a large sum of money as bail for his daughter he would lose it if she failed to stand trial. While he could not force her to do anything, he would try to ensure she did not do anything foolish.

He told Mr Dillon that he and his wife had made plans to go to Italy for about two months' holiday, but this would be during the summer.

Mr Sacco said there were mortgages against all his properties, but many were small in comparison with the value of some of the properties.

Ms Anne Marie Sacco said she had never been in trouble before. She undertook to live with her father, surrender her passport, report daily to gardai and not interfere with any witnesses.

She also undertook not to leave the country and not to apply for another passport.

"I will turn up for my trial," she told Mr Justice Kelly. "I am aware my father would have to forfeit any money he lodged in court if I did not turn up."

Mr Justice Kelly released Ms Sacco on bail on condition her father lodged a building society bank draft for £25,000 in court and enter a further bail bond surety of £10,000. He and his daughter gave all of the undertakings sought by the DPP, and Ms Sacco was granted a personal bail bond of £1,000.