Murder trial is told of accused's arrest

A Dublin man accused of the murder of a garda told a Special Branch detective that he had "committed a terrible act" the Central…

A Dublin man accused of the murder of a garda told a Special Branch detective that he had "committed a terrible act" the Central Criminal Court was told yesterday. The court was also told that Sgt Andrew Callanan, died from widespread burns covering 70 per cent of his body and inhalation of smoke and fumes.

Det Insp Diarmuid O'Sullivan, of the Special Detective Unit, said Mr Daniel O'Toole, rang the garda∅ shortly after an arson attack on Tallaght Garda station on July 21st, 1999.

Det Insp O'Sullivan told the court he had spoken to Mr O'Toole in Crumlin roughly two hours later, and Mr O'Toole asked: "Is the sergeant dead? I have committed a terrible act". Mr O'Toole was arrested and cautioned at his father's house in Crumlin.

Mr George Birmingham SC, defending, put it to the witness that garda∅ had questioned Mr O'Toole in the patrol car during the three-minute journey to Crumlin Garda Station. He suggested that one asked Mr O'Toole: "What came over you?" to which he replied: "I just wanted to kill myself." Det Insp O'Sullivan said at that stage a man was dead and Mr O'Toole had been cautioned.

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Mr O'Toole (38), of Cashel Avenue, Crumlin, denies the murder of a garda, the penalty for which is 40 years in prison. He has also pleaded not guilty to an alternative charge of simple murder but has admitted manslaughter, a charge the State refused to accept.

Garda Deirdre Barrington, said she was out on patrol when a call came through that there was a problem at the Garda station. When she returned she saw the public office on fire.

A qualified nurse, she told the jury that she saw Garda John Malone standing over a body which she did not immediately recognise as Sgt Callanan. "I knew from my own assessment that he was dead," Garda Barrington said.

The State Pathologist, Dr Marie Cassidy, said the cause of death was due to inhalation of smoke and fumes and body burns. Det Garda Kevin Brooks, a ballistics expert, examined the scene and found that a petrol container had been placed on the counter and pierced. Petrol had been sprinkled on to the floor from a second container. When ignited, the vapour caused a "low-velocity explosion, igniting fires" and causing intense heat. The trial continues today.