EXPECTED to last up to three weeks, the trial continues of a man charged with involvement in a “drug factory” at a derlict manor house on the outskirts of the city in October 2010. 41-year-old John McCarthy, 87 Cliona Park, Moyross, has pleaded not guilty to the possession of a quantity of diamorphine valued at over €140,000, for sale or supply, on October 15, 2010 at Castle Park, Ballygrennan on the Knocklisheen Road, adjacent to the Clare border.
John O’Sullivan, prosecution for the State, said that the accused stands charged of being one of three men involved in a “bagging division of a significant quantity of heroin”.
The jury, sitting at Limerick Circuit Court before judge Carroll Moran, heard that the three men were allegedly found at the area known as “the four walls” at the derlict manor house at Castle Park estate, after a garda surveilance and intelligence tipped them to the location.
The court heard from Detective Garda Viv Downey, who was conducting covert observations of the three men from a hedgegrow where he and a colleague had been located around lunchtime on the date in question.
He said that he observed the three men walk from the opposite side of the field towards the four walls area, and he said that he had “no doubt” that he recognised the accused as being a member of the gang. He added that the identies of the other two men became apparrent to him later.
The jury heard that Det Gda Downey was with Gda Mark McGauley at an “observation position” within the ditch and that they had a clear view.
After the three entered the “Four Walls”, Det Gda Downey said that he, Gda Mark McGauley and three members of the Armed Rapid Response Unit moved to a second position before the broke cover and raided the area where the three men were located.
The jury of eight men and four women heard that the State’s case was based on the visual identification of the accused and that the gardai involved in the incident could clearly identify Mr McCarthy.
The court heard that when the gardai broke cover, Det Gda Downey said he found the other two men with weighing scales, bags, and other drug paraphenalia and that this made up a bagging operation where he believed they “were preparing heroin for the street market.
Under cross-examination, defence counsel Bryan McCartney QC, put it to det Gda Downey as to why he didn’t say it to his colleague that he recognised the accused, that he did not take a picture with his phone or even send a text message as this would have satisfied the gathering of material evidence.
Mr McCartney put it to the det garda that in fact he did not recognise John McCarthy and that he was too far away to identify the three men.
As the trial moved towards the end of the first week, Garda Barry O’Brien, a member of the Armed Garda Regional Response Unit, said that he was the first to enter the area and issued the warning that the rapid response unit give.
He said that he identified the accused as standing “no more than 20 metres away” in front of him.
Garda O’Brien added that he saw two other men also directly in front of him and that they were involved in the bagging operation.
As he and the others swooped on the area, the court heard that he saw the accused turn and run into a lightly wooded area, but that he “saw him for a split second”.
Evidence contnued with the member of the armed unit saying that he “recognised John McCarthy” and pointed him out in court.
Bryan McCartney QC, put to him the matter of identification in the case and that he was the only person to identify John McCarthy, but that he did not record any of this or what McCarthy was wearing.
The trial continued this week with evidence from other members of the garda at the scene, as well as a garda attached to the mapping section of An Garda Siochana.
The trial is expected to last three weeks in total.
