A DUBLIN man faces a life sentence after being found guilty of murdering a father of three at Grumpy Jack’s pub in the Coombe, following a so-called supergrass trial at the Central Criminal Court.
Peter Kenny (29), McCarthy’s Terrace, Rialto, was found guilty of murdering John Carroll.
Two other men were found not guilty, one on the direction of the judge, while the jury could not agree on a fourth defendant, following the six-week trial at the Central Criminal Court.
Bernard Hempenstall (28), Park Terrace, The Coombe, and Damien Johnston (27), Cashel Avenue, Crumlin were acquitted, and no verdict was reached over Christopher Zambra (35), Galtymore Road, Drimnagh. All four had pleaded not guilty to murder.
Mr Carroll (33), Charlemont Street, was shot dead while socialising in Grumpy Jack’s pub just after 9.30pm on February 18th, 2009.
CCTV footage of the killing was screened a number of times during the trial. It showed the gunman seemed to know what Mr Carroll looked like and where he would be sitting.
The man walked into the pub wearing a helmet and fired a number of shots at the victim with a semi-automatic weapon. He followed Mr Carroll as he ran and other customers were also seen running, including Mr Hempenstall, who had been sitting with Mr Carroll.
Mr Carroll died of haemorrhage and shock less than two hours after the shooting. He was shot four times, in his back, leg and arm.
The case was built around the word of the only man to admit taking part in the murder.
A drug-dealer since age 15, a Garda informant and heavy gambler, Joseph O’Brien (26) was arrested trying to leave Ireland. After admitting to sourcing the motorbike used and relaying information, he turned State witness.
He was accepted into the witness security programme, granted immunity from prosecution in exchange for testifying against the defendants and spent almost two weeks in the witness box.
He testified that Mr Zambra was the planner and the man with the money and Kenny was the shooter, while Mr Hempenstall gave away Mr Carroll’s location.
O’Brien said Mr Johnston had driven Kenny to and from the scene on the motorbike. Mr Justice Barry White withdrew the case against him as O’Brien’s identification of him was based on just a glimpse. The jury still had to deliver the verdict in his case.
In February 2009, O’Brien was friendly with Mr Johnston, with whom he had holidayed in Thailand, and with Mr Hempenstall. He was an enemy of Kenny and had never met Mr Zambra or Mr Carroll.
He testified that a few days before the shooting, Mr Johnston and Mr Hempenstall asked whether he wanted a bit of work. He said he knew it was “dodgy” but, having never had a job for more than a few months, agreed.
He said he and Mr Hempenstall met Mr Zambra, who said Mr Carroll, known as “Champers”, had to be shot. He said Mr Carroll sold drugs. The court heard gardaí found a “tick list” of debtors and creditors adding up to €250,000 in Mr Carroll’s pocket.
“Bernard Hempenstall was going to kill him. He owed Champers money,” he testified, saying he was going to take him to a pub in Rialto and leave.
He said Mr Zambra, known as “Git”, told Mr Hempenstall there would be €30,000 when “the job” was finished. He said Mr Hempenstall showed him a vehicle he had parked in Harold’s Cross, in which a gun was stored.
O’Brien said he and Mr Johnston obtained a motorbike for the murder. The court also heard Mr Johnston’s wife had a baby at about that time.
GARDAÍ CRITICISED: OFFICERS TWICE DISREGARDED RULES, SAYS JUDGE
THERE WAS some criticism during the “supergrass” trial of two senior gardaí, one retired.
In his charge to the jury, Mr Justice Barry White noted that after he was arrested on suspicion of murder, Joseph O’Brien, who turned State witness, had secured two “private audiences” with Det Sgt Adrian Whitelaw and a now retired detective superintendent, PJ Browne.
He said the two officers had twice disregarded the rules on video-taping of interviews and so he could not know who raised the issues of the witness security programme and immunity, or if any inducements had been given.
“This was wrong, and the superintendent was wrong to engage in this type of conduct,” Mr Justice White said.
He said the jury might consider the Garda to be “well rid of” Mr Browne, “who flouted the law” during the investigation, and that Det Sgt Whitelaw “may not be the type of man you want to see in the force”.
He noted that €3,000 found on O’Brien was returned to his partner that night without proper inquiries being made as to whether it was the proceeds of crime.
He said both gardaí had set the recommendations of the Morris tribunal at nought. For years they had broken the Covert Human Intelligence Sources rules in their management of O’Brien as an informer.
It emerged during the trial that O’Brien, his partner and children had entered the witness security programme, probably outside the jurisdiction.