CLOSING speeches will continue today in the trial of a publican charged with the murder of his wife and a baby girl, who died in a fire at their home.
Mr Justice Carney is expected to charge the jury later today after which it will be sent out to consider its verdict.
Mr Frank McCann (36), former joint owner of the Cooperage Bar in Blessington, Co Wicklow, has denied the murder of his wife, Esther (36), and an 18 month old baby, Jessica, at their home at Butterfield Avenue, Rathfarnham, Dublin, on September 4th 1992.
The 45 day trial has heard that Jessica was a blood relative of the accused man but not a child of his marriage to Esther.
The State Pathologist, Dr John Harbison, said both Mrs McCann and Jessica died as a result of inhaling smoke and fumes.
The State concluded its closing speech yesterday. Mr Barry White SC, defending, is expected to complete his speech later this afternoon.
In court yesterday, Mr Tom O'Connell BL, prosecuting, urged the jury to convict Mr McCann on both counts of murder. He said it was clear the fire at the McCann home was caused deliberately through spreading a large quantity of flammable liquid in the hall and setting it alight. Gas canisters and a gas blow torch were also found at the scene.
He said the main issue was to decide if Mr McCann was the person responsible for setting the fire and the jury should be satisfied he was.
Counsel said Mr McCann had plotted to kill his wife and Jessica after he was rebuffed by the Adoption Board in his application to adopt Jessica.
The trial has heard the board decided to refuse the application after it received an allegation than Mr McCann had fathered a child by a 17 year old girl.
He said the board had decided by July 28th, 1992, that it would refuse the adoption application and had told Mr McCann's solicitor it wished to hear from him within a month. No further communication was received, counsel said.
Mr O'Connell said Mr McCann had from August 13th, 1992, deliberately laid a false trail with the intention of deflecting suspicion from him when his "murderous intent" was achieved.
He said this trail included making complaints about alleged telephone and other threats to his home and pub and to another pub. The prosecution contended that Mr McCann himself had made these threats and had sent threatening cards and painted the slogan "Burn, you bastard" on the wall of his pub.
He said Mr McCann had an alibi for 12.55 a.m. at the latest on the night of September 3rd-4th. This gave Mr McCann "ample time" to travel home from his pub and set the fire, which appeared to have begun between 1.35 a.m. and 1.45 a.m.
Witness accounts of a car being heard driving away at speed, the front door of the house being open and "a ball of flame" rushing out all corroborated Mr McCann's own account of the fire given in interviews to gardai, counsel said.
Mr O'Connell said it was simply not credible for Mr McCann to allege that gardai were involved in a gigantic conspiracy against him. He said Mr McCann was under pressure when under arrest, but this pressure was related to his knowing the game was up.
Counsel also asked the jury to consider the tone and demeanour of Mr McCann in the witness box. He said Mr McCann was wheedling, self pitying and maudlin. Mr McCann could go into detail when asked about peripheral matters such as the sale of his mother's house, but became very evasive or suggested he could not remember or flung "like confetti" allegations against gardai when asked about crucial matters.
He said it was significant that Mr McCann's allegations against gardai were made when there was no independent third party present. There were no allegations against gardai when such parties were present. There was only one written complaint and this was made on the first day of his detention, he added.
Mr McCann's final confession was made in the presence of his brother and solicitor on November 6th 1992 and in circumstances where he had all the protections the law afforded, counsel said.
The evidence both direct and circumstantial pointed conclusively in the direction of guilty, Mr O'Connell told the jury.
Mr Barry White SC, in his closing speech for the defence, said the Adoption Board had gone to gardai within days of the fire and told the gardai very personal matters concerning Mr McCann's application to adopt Jessica. The board had effectively told Gardai that that was the motive for the deaths, he said.
Counsel asked the jury to consider why the Gardai had opted to arrest Mr McCann under Section 30 of the Offences Against the State Act instead of Section 4 of the Criminal Justice Act. He said the gardai opted for Section 30 because it allowed a maximum detention period of 48 hours compared with 12 hours under the Criminal Justice Act. The gardai intended to break the will of Mr Frank McCann, he said.
Mr White will continue his closing speech today.