Victim tortured before being shot in back of the head, court is told


MR MARK DWYER, whose body was found in a field at Scribblestown Lane, Finglas, on December 14th, had been tortured before being shot once through the back of the head, the High Court has been told.

Mr Joseph Delaney and his son, Mr Scott Delaney (22), who are charged with falsely imprisoning Mr Dwyer at a flat at Foster Terrace, Ballybough, Dublin, on December 14th were yesterday refused bail by Mr Justice Smyth.

Det Sgt Gerard McDonnell told Mr Desmond Dockery, counsel for the DPP, it was alleged that at about 3 a.m. on December 14th three armed men called to the flat where they kidnapped Mr Dwyer. Mr Dwyer was found at 7 a.m. following a phone call to gardai.

Det Sgt McDonnell said Mr Scott Delaney was found a short distance away from Mr Dwyer's body. He was taken to hospital and shortly after his release on December 17th he was arrested under Section 30 of the Offences Against the State Act. On December 19th he was charged for the felony of false imprisonment.

He said a file for the Director of Public Prosecutions was being prepared at Fitzgibbon Street Garda station and it was likely to be lengthy. Del Sgt McDonnell said he was aware of two previous convictions against Mr Scott Delaney who had a history of failing to appear in court.

He believed that if granted bail Mr Delaney, who had made statements incriminating himself by outlining his involvement in the matters before the court, would not stand his trial.

Mr Delaney, of Palmerstown Park, Palmerstown, Dublin, told his counsel, Mr Niall Durnin, he had been found by gardai in a ditch and taken to Blanchardstown Hospital. He had two previous convictions for possessing drugs and criminal damage. On one occasion he had failed to turn up in court because he had mixed up his dates.

He told Mr Durnin, instructed by James Orange and Co, solicitors, that he would be pleading not guilty to the offence and would be contesting the validity of the statement he had made to gardai. "When I went into the police station I was on anti-depressants.

I can't even remember the statenent I made," he said.

Mr Durnin said the Garda inquiry and preliminary procedures were at an early stage and his client faced a lengthy period in custody if not granted bail. Mr Justice Smyth refused.

Del Sgt McDonnell said that witnesses had made statements implicating Mr Joseph Delaney in the alleged crime. There were also certain admissions that he had made himself. Mr Delaney had been arrested on December 22nd and charged with false imprisonment on Christmas Eve.

He said Mr Joseph Delaney had two previous convictions, one of common assault and one of having kept a brothel. He had no history of failing to turn up for trial.

Det Sgt McDonnell believed that if granted bail Mr Delaney would not stand trial. He based his opinion on the seriousness of the charge, the weight of the evidence against him and the fact that he had no permanent residence in the State.

Gardai found Mr Delaney had hurriedly left his rented address at New Hall, Naas, Co Kildare, and had lived for five days before his arrest in a hotel under the name of a family friend. He had lived at six different addresses over the last five years.

Det Sgt McDonnell said he had come to the conclusion Mr Joseph Delaney was on the run from gardai since the date of the alleged offence. He believed Mr Delaney would also interfere with witnesses. His estranged wife had alleged that on December 14th, Mr Delaney had threatened to kill her.

"I have spoken with her and she is in considerable fear," he told the court.

Refusing the application, Mr Justice Smyth said he did not want the gardai running around the country like fools at a fair trying to find Mr Delaney. He did not take death threats as empty threats.