A judge in a murder trial in the Central Criminal Court yesterday warned a witness about the consequences of committing perjury. Mr Justice Kinlen warned Ms Karen Morrison, from Tralee, Co Kerry, that if she told an "untruth" on oath, she would be committing a criminal offence and could be jailed for perjury.
Mr Michael O'Brien (27), single and unemployed, of Gallowsfield, Tralee, Co Kerry, has pleaded not guilty to the murder of James Healy (16), of Shanakill, Tralee, at Monavalley Industrial Estate, Tralee, on or about February 22nd, 1997.
In cross-examination, Mr John Edwards SC (prosecuting) put it to Ms Morrison that in her evidence on Thursday she had said she was certain she saw Mr Healy on Friday, February 21st, and Ms Morrison agreed that it was true.
Mr Edwards reminded Ms Morrison that in her evidence she had told the court she was certain that she had seen Mr Healy on Saturday, February 22nd, because she was working with CIE at the time and had booked that Saturday off "for some time".
Asked again if that was the truth, Ms Morrison replied: "Yes".
He then asked Ms Morrison if she knew a Mr David King who was the On-Board Manager of Irish Rail. Ms Morrison replied that she did.
Mr Edwards then said Mr King was in the court and could give evidence to state that she had only started working with Irish Rail on March 27th, which was three weeks after.
Mr Edwards put it to Ms Morrison that she had lied on oath.
Ms Morrison said that at the time the Garda was looking for her to make a statement she was working with CIE and must have been mistaken.
Counsel then asked if a relative of the accused had shown her statement, and added that she was observed being shown her statement by Mr O'Brien's relative by a Garda inspector in the vicinity of the court on Thursday.
"You were very positive yesterday and now you accept you were not even working for the railway company at all," Mr Edwards said.
Ms Morrison replied: "It's a mistake, so." But Mr Edwards suggested it was a "deliberate" lie.
Mr Justice Kinlen then warned Ms Morrison that to lie on oath was perjury and a criminal offence and she could be jailed.
The prosecution has claimed that Mr Healy was killed on February 21st by the accused, and so it would not have been possible for the teenager to have been seen by Ms Morrison the following day, as she had said.
Mr O'Brien and the deceased were allegedly associates who drank cider together occasionally at different places in Tralee.
After having been missing for three days, Mr Healy's body was found on waste ground near a factory off the Monavalley Road.
The State Pathologist, Prof John Harbison, had previously told the court how Mr Healy had had 13 of his teeth knocked out and pieces of his jaw dislodged and had 20 head injuries.
Later 3 1/2 teeth were later found lodged in Mr Healy's windpipe and lungs. Prof Harbison said he believed the teeth were inhaled, causing suffocation.
Cause of death was as a result of suffocation, head injuries and shock.
The trial continues on Monday.