THE trial of a publican charged with murdering his wife and a baby girl was adjourned at the Central Criminal Court yesterday after the accused man began trembling violently in the witness box.
Mr Francis McCann had been testifying for just half an hour when he began to tremble and hyperventilate. His upper body was shaking violently and his counsel, Mr Barry White SC, asked for a recess.
Mr Justice Carney consented and the jury members were sent to their room for an hour. When they returned, the judge informed them he had received medical opinion that Mr McCann was not fit to continue with his evidence at that stage. He asked the jury to return to court this morning.
The adjournment came on the 39th day of the trial of Mr McCann (36), who has denied the murders of his wife Esther (36) and baby Jessica at the family home at Butterfield Avenue, Rathfarnham, Dublin, on September 4th, 1992.
The jury has heard that Jessica was a blood relative of the defendant but not a child of his marriage to Esther. The prosecution has claimed Mr McCann arranged the fatal fire because he did not want to tell his wife why the Adoption Board had refused the couple's application to adopt Jessica.
The jury has been told that Mr McCann, who owned the Cooper age Pub in Blessington, Co Wicklow, had complained to gardai he had received threatening phone calls to the pub and his home.
The State case concluded yesterday morning and the defence case opened in the afternoon.
Mr White called Mr McCann to the witness box just after 2 p.m. The witness said he was working at his Cooperage pub in Blessington on the night of September 3rd and 4th, 1992, and left there about 1.25 a.m. to go to his home. He said it took him about 20 minutes to drive to Rathfarnham and he believed he got there about 1.50 a.m.
Asked did he notice anything, there was silence and a long pause before he said he saw a good few people on the road and noticed smoke. He said he initially thought it was coming from another house.
There were further pauses as Mr McCann told of the scene when he approached his own house. His lips were trembling as he spoke of seeing smoke every where and a lot of flames coming out of the front door.
He held back tears as he told Mr White he could not remember if he called any names.
Mr McCann said he ran into the garden and, after another pause, he said he tried to get into the front door of the house.
He said he remembered being on a stretcher and being taken to hospital and believed his brother Bernard and Bernard's fiancee came into the hospital. He did not remember how long he was in hospital.
Counsel asked Mr McCann if he saw Det Insp Tony Sourke the following day, September 5th. At this point, about 2.35 p.m., the defendant began to hyperventilate and there was a very long pause. He started to tremble and shake and appeared to be having some form of attack. Mr White sought a recess and the judge agreed.
Earlier yesterday, Mr Michael McCann, a brother of the defendant, concluded his testimony. He said he and his brother Bernard went to see the defendant at Tallaght Garda station on November 6th, 1992, to try to get him to confess to starting the fire at his home.
Mr McCann said he had been told by a flustered garda the previous night that the defendant had admitted to everything but starting the fire.
He said he was present when the defendant made a statement admitting to having petrol and lighting a match at his home on the night of the fire.
The witness agreed with Mr White that the defendant had had little sleep over the previous two nights in the Garda station and was shaking and crying while making his statement. He said he was aware the defendant was on tablets at the time.
He agreed the defendant was seen by a doctor later that day and had that evening gone into hospital under the care of a psychiatrist.