A protected witness who implicated a 27-year-old Dublin man in a double murder retracted her statement as she feared he would kill her, the Central Criminal Court heard today.
Ms Rachel Stephens, who is now in the Witness Protection Programme, made several statements implicating Mr Mark Desmond in the murders of Darren Carey and Patrick Murray.
The victims, aged 19 and 20-years-of ago were shot in the head at a close range sometime between December 28th 1999 and January 9th and 10th 2000 when their bodies recovered from the Grand Canal.
Mr Desmond, formerly of Lally Road, Ballyfermot, has pleaded not guilty to unlawful possession of three shotguns, one long rifle and one 12-gauge shotgun cartridge with intent to endanger life at Lally Road between October 1st 1999 and December 17th, 2000.
The court heard that during depositions at Dublin District Court on September 6th, 2001, Ms Stephens retracted her earlier statement implicating Mr Desmond in the murders. She was due to return the following week, on the 14th.
Det Insp Padraig Kennedy told the court he spoke to Ms Stephens to establish why she retracted her evidence and if she had been threatened. Ms Stephens said she "was terrified", he said. He said Ms Stephens indicated she had lied on the stand on 6th September when she retracted her statement. She told him she believed "Mr Desmond would have her killed the way he killed those young fellows".
The Det Insp said Ms Stephens indicated she was prepared to return to court on the 14th and tell the truth. Questioned about the differences in the witnesses' testimony between the 6th and 14th, he replied: "My Lord she appeared very afraid on the 6th and she appeared very nervous on the 14th as well."
Mr Desmond - who is defending himself - put it to Det Insp Kennedy that Ms Stephens was lying and that he had spent "two and a half years in fucking prison because some junkie is telling lies".
"No, My Lord", the witness replied, there were also firearms offences involved.
Mr Desmond further claimed that the state "wanted to seek a way out of the mess that they got themselves into with Rachel Stephens" by introducing "trumped up" firearms charges.