Three prosecution witnesses in a Limerick murder trial were taken into custody by the order of the Central Criminal Court today after what the trial judge described as "collective amnesia". Two of the witness were further warned by Mr Justice Paul Carney that they would receive brain scans and whatever medical assistance the state considered necessary to help cure "memory problems".
When the trial of Mr Liam Keane resumed today, three witnesses were declared hostile, two of whom were taken into custody. Another witness, Mr David Murphy, was also removed to the cells after being held in contempt of court for refusing to give evidence. However, all three were later released.
Witnesses Mr Paul Campbell and Mr James Price were released after completing their evidence as hostile witnesses. Mr David Murphy was also released with the warning that he must return to give evidence.
A fourth witness, Ms Amanda McNamara was also declared hostile.As he approached the witness box, Mr Murphy, the first of the civilian witnesses, shouted that he had "seen nothing", "knew nothing" and "heard nothing".
"I'm answering no questions" he told the judge at which point Justice Carney ordered gardaí to "put him in the cells".
Mr Price, of St Mary's Park, was declared hostile following his evidence which conflicted with an earlier garda statement. Mr Price told the court he could remember nothing. When Judge Carney enquired: "why are you having all these memory problems?, the witness replied that he was on drugs - "pinkies" "upjohns" and other tablets.
Do you have a doctor? Justice Carney asked. No, witness replied -"I buys them on the streets".
"Who do you get the tablets from?"
"I buys them on the streets" he repeated.
"Well, I think we need a little help with this memory problem. Very well, I'm going to have your memory problem looked at," Justice Carney said. He then ordered that Mr Price to be taken to the cells. The judge added that the witness would receive medical assistance from Dundrum or other state experts to help his memory problems.
Mr Campbell was removed to the cells after claiming he could remember nothing due to drugs and other matters. Addressing the jury after they returned to court following a legal application, Mr Justice Carney told jurors that this witness was also to be treated as hostile: "He tells us his memory is wrecked due to drugs and other matters so I'm going to give him some help."
Judge Carney warned the witness that he too would receive brain scans and other medical assistance.Ms McNamara said in evidence that she could not remember the events of the night of the killing. She told the court "I was off me head on drugs the previous night." The witness told the court she had a problem with alcohol and drugs.
On the night of the killing she was drinking and popping E's (Ecstacy).
Dominic McGlynn BL, prosecuting read portions of the witnesses garda statement in which she allegedly told gardai she saw the accused with a knife in his right hand. "Eric was saying put down the knife and I'll fight you."
The statement continued: "Liam Keane was the only person I saw with a knife."When asked if her statement was true, Ms McNamara repeated either that it was not true or that she could not recall anything.
Mr Justice Carney reminded the jury repeatedly that what they must take into account was the evidence on oath only and anything stated in garda statements was not evidence.
Releasing David Murphy from custody, Justice Carney acknowledged that he had been upfront about his refusal to answer questions rather than joining in "collective amnesia". He was advised however to obtain legal reperesntation as a matter of urgency.
It was the second day of the trial of Mr Liam Keane (19) of Singland Gardens, Ballysimon, Limerick, who has pleaded not guilty to the murder of Eric Leamy (19) of St Munchin's Park, St Mary's Park, Limerick on 27th/28th August 2001 at Lee Estate ,Limerick.