The jury in the trial of four men alleged to have taken part in an attack on security men at a repossessed farm in Co Roscommon have been shown video taken by a journalist at the property of burning vehicles.
The trial at Dublin Circuit Criminal Court has heard that at around 5am on December 16th, 2018, a group of approximately 30 armed men, some wearing balaclavas, arrived at a repossessed rural property at Falsk, just outside Strokestown and attacked four of the security guards present.
Patrick Sweeney (44) of High Cairn, Ramelton, Co Donegal; Martin O'Toole (58) of Stripe, Irishtown, Claremorris, Co Mayo; Paul Beirne (56) of Croghan, Boyle, Co Roscommon and David Lawlor (43) of Bailis Downs, Navan, have pleaded not (NOT) guilty to 17 charges each at Dublin Circuit Criminal Court.
Each man is separately charged with false imprisonment of and assault causing harm to four security personnel at Falsk on December 16th, 2018. Each defendant is also charged with aggravated burglary, as well as four charges of arson concerning a car and three vans allegedly set alight.
The four men are also each charged with criminal damage to a door of the house, violent disorder, robbery of a wristwatch from security guard John Graham and, finally, causing unnecessary suffering to an animal by causing or permitting an animal to be struck on the head.
Video
Emmet Corcoran, a former editor of the Democrat, gave evidence on Friday that he went to Falsk in the early hours of December 16th, 2018.
He told Anne Rowland SC, prosecuting, that he arrived at the property before the emergency services and began to record a video on his phone, which was played to the jury. The footage showed two vehicles on fire near a house and a figure walking towards the back of the property. Mr Corcoran confirmed he later gave a copy of this footage to gardaí.
Under cross-examination, he told Seamus Clarke SC, for Mr Lawlor, that the information he received at that time about something happening didn't relate to Falsk. Mr Corcoran said he was aware of what had happened at Falsk in the days before but was getting “firm evidence to the contrary” from a source.
He said he encountered “quite a large man” standing close to the property and attempted to start a conversation, but this person did not engage.
He told Blaise O'Connell SC, for Mr O'Toole, that a shorter version of the video was uploaded to Twitter and used by other media outlets. Mr Corcoran said he made a witness statement and was later asked to give a witness statement under caution. He said he answered questions but declined to give any information about his source.
Mr Corcoran said he refused to hand over his phone on the basis that it could identify a source. He said he received advice that the right to protect sources is protected under the constitution and European law. He said gardaí then obtained a search warrant. Mr Corcoran said he expressed his concern about the protection of journalistic sources but ultimately handed his phone to gardai. He said he declined to give the password to gardaí.
Journalistic privilege
Mr Corcoran told Mr O'Connell that to the best of his knowledge, gardai did not inform the District Court judge when they sought a search warrant for his phone that he had claimed journalistic privilege. He confirmed that the High Court granted a restraining order preventing the phone from being accessed, and the Court of Appeal later quashed the search warrant.
Mr Corcoran agreed with Mr Clarke that the Court of Appeal noted the District Court judge was not told by gardaí about his claim of journalistic privilege. He said the Garda Commissioner has appealed to the Supreme Court, and a decision is awaited.
In other evidence, a Forensic Science Ireland investigator said she analysed data from the tachograph device in a 2011-registered lorry, which included visualising it on maps. She said the data indicated that the vehicle drove from a car park at the junction of the N61/R370 through Elphin to the property at Falsk, arriving at 5.07 am. The data suggests that the lorry remained at the Falsk property for 14 minutes before returning to the car park.
The jury also heard evidence about data retrieved from a Samsung phone purportedly owned by David Lawlor, including Facebook messages sent and received by a social media account in that name.
The trial continues before Judge Martina Baxter and a jury.
