A man has denied the capital murder of a Garda sergeant after he walked into a Garda station armed with petrol canisters and flares and announced that staff had "two minutes to evacuate the building".
Mr Daniel O'Toole (37), Cashel Avenue, Crumlin, Dublin, has pleaded not guilty at the Central Criminal Court to murdering Sgt Andrew Callanan on July 21st, 1999, at Tallaght Garda station. He has pleaded not guilty to capital murder but guilty of manslaughter. If he is found guilty of capital murder, he will be given an automatic 40-year prison sentence.
A charge of murder was also put to him as an alternative charge to capital murder, to which he pleaded not guilty but guilty to manslaughter. He also pleaded not guilty to a further charge of arson on the same date, with intention to damage property.
Mr Peter Charlton SC, prosecuting, said that early on July 21st, 1999, Mr O'Toole entered the public area of Tallaght Garda station armed with two canisters of petrol and a Japanese flame flare and announced that gardai had "two minutes to evacuate the building".
The prosecution alleges he set a leaking petrol canister on the counter of the public office and stood back with his arms aloft holding two flaming flares.
Mr Charlton said Sgt Calla nan approached the scene, having fetched a fire extinguisher and sprayed the man with foam.
A garda who was there said: "One of the flares in the man's hand moved downwards from the position he was holding and on to the floor. There was a flash." The public area was engulfed in flames and was locked, trapping Sgt Callanan.
The court heard Mr O'Toole had been facing a number of family problems at the time. A barring order had been placed on him since allegations of sexual abuse were levelled against him and he had been denied access to his children.
Shortly before the killing, Mr O'Toole was delighted to receive word that he could have access to his children but that at a prearranged meeting between him and his wife, this decision was reversed.
A message on O'Toole's computer, dated the day before the death of Sgt Callanan, read that he "was to spend the day with my kids but because of evil hatred bastards in this cul-de-sac I told them goodbye, that they would never see me again. I have nothing left. I did not do it no matter what [another person] says and I have as much right to see my kids."
The trial continues today.