Three prosecution witness in a Limerick murder trial were taken into custody by the order of the Central Criminal Court yesterday after what the judge described as "collective amnesia".
Two of the witness were further warned by Mr Justice Carney that they would receive brain scans and whatever medical assistance the State considered necessary to help cure "memory problems". Three witnesses were declared hostile and two of them were taken into custody.
It was the second day of the trial of Mr Liam Keane (19), Singland Gardens, Ballysimon, Limerick, who has pleaded not guilty to the murder of Eric Leamy (19), St Munchin's Park, St Mary's Park, Limerick, on August 27th- 28th, 2001, at Lee Estate, Limerick.
Mr David Murphy, another witness, was also removed to the cells after being held in contempt of court for refusing to give evidence. However, all three were later released. Mr Paul Campbell and Mr James Price were released after completing their evidence as hostile witnesses. Mr Murphy was also released with the warning that he must return to give evidence. A fourth witness, Ms Amanda McNamara was also declared hostile.
As he approached the witness box, Mr Murphy, the first of the civilian witnesses, shouted that he had "seen nothing", knew nothing and "heard nothing".
"I'm answering no questions," he told the judge at which point Mr Justice Carney ordered gardaí to "put him in the cells".
Mr Price was declared hostile following his evidence which conflicted with an earlier Garda statement. Mr Price told the court he could remember nothing. When Mr Justice Carney asked: "Why are you having all these memory problems?" Mr Price replied that he was on drugs - "pinkies" "upjohns" and other tablets.
The judge asked if he had a doctor, to which Mr Price replied: "I buys them on the streets".
"Who do you get the tablets from?"
"I buys them on the streets," he repeated.
"Well, I think we need a little help with this memory problem," Mr Justice Carney said. He then ordered that Mr Price to be taken to the cells.
The judge added that the witness would receive medical assistance from Dundrum or other State experts to help his memory problems.
Mr Campbell was removed to the cells after claiming he could remember nothing due to drugs and other matters. Addressing the jury after it returned to court following a legal application, Mr Justice Carney said that witness was also to be treated as hostile: "He tells us his memory is wrecked due to drugs and other matters, so I'm going to give him some help."
Mr Justice Carney warned the witness that he too would receive brain scans and other medical assistance.
Ms McNamara said in evidence that she could not remember the events of the night of the killing. "I was off me head on drugs the previous night." She said she had a problem with alcohol and drugs. On the night of the killing, she was drinking and popping ecstasy tablets. Mr Dominic McGlynn, prosecuting, read portions of the witness's Garda statement in which she allegedly said she saw Mr Keane with a knife in his right hand.
"Eric was saying 'put down the knife and I'll fight you'."
The statement continued: "Liam Keane was the only person I saw with a knife." When asked if her statement was true, Ms McNamara repeated either that it was not true or that she could not recall anything.
Releasing Mr Murphy from custody, Mr Justice Carney acknowledged that he had been up front about his refusal to answer questions rather than joining in "collective amnesia".
He was advised however to obtain legal representation as a matter of urgency.