The trial of two jailed brothers accused of assaulting another inmate at Wheatfield Prison collapsed at Dublin Circuit Criminal Court yesterday after the alleged victim said in the presence of the jury "you have the wrong men".
Stephen Byrne (29) and Darren Byrne (31) of Kilmartin Avenue, Tallaght, are charged with assault causing harm to Mr Richard Callaghan at Wheatfield Prison, Cloverhill on March 5, 2002. Darren Byrne is also charged with using a television aerial to assault Mr Callaghan.
"I don't want to give evidence, I just don't," Mr Callaghan told the court repeatedly when he was called to the witness box by prosecuting counsel, Ms Mary Rose Gearty BL, after she opened the case to the jury of six men and six women.
Mr Callaghan, who is still an inmate at the prison, stood just inside the door of the courtroom and told Judge Joseph Matthews he had asked for the case to be withdrawn in January this year.
"I don't care. Do whatever you want," he said to Judge Matthews when he warned Mr Callaghan that he might be held in contempt of court for his refusal to give evidence.
He refused submissions by defence counsel to direct the jury to find the defendants not guilty or to quash the indictment on the basis of Mr Callaghan's refusal to give evidence.
Judge Matthews agreed that the remarks made by Mr Callaghan that the state had "the wrong men" was prejudicial to the case and it needed, therefore, to be tried in front of another jury.
He said both sides needed time to further investigate and consider the evidence before re-submitting the case to the court and remanded the accused in custody until December 12, 2003.