Alleged 'RAT' branding victim warned he could go to jail for refusing to give evidence
Eoin Reynolds
The Special Criminal Court has warned a man that he could be imprisoned if he refuses to give evidence or answer questions regarding his allegation that he was beaten, waterboarded, threatened with rape and had the word 'Rat' branded on his face and body in a shed at the back of a Dublin home.
Ms Justice Karen O'Connor, presiding at the three-judge, non-jury court, warned Barry Moore (34) on Saturday of the potential consequences for failing to cooperate in a criminal trial. Mr Moore, appearing via videolink, said he understands that he could go to prison, but he will not give evidence or answer questions.
The court also heard on Saturday that the Director of Public Prosecutions (DPP) believes that all the evidence in the case "points exclusively in favour of supporting the account [of the assault] given by Mr Moore" and will leave the court with "no reasonable doubt" as to the guilt of the four accused.
Mr Moore was arrested on Thursday of this week on foot of a bench warrant after he previously failed to turn up for the trial of four men accused of assaulting and falsely imprisoning him. The DPP is asking the court to rule that statements Mr Moore made to gardaí after the alleged assault should be admitted as evidence into the trial, without the alleged injured party taking the stand.
Lawyers for the accused are expected to argue that Mr Moore's statements should be ruled inadmissible because he is not making himself available for cross-examination.
Earlier on Saturday, Carol Doherty BL, representing Mr Moore, told the court that her client has been held in isolation in custody for two evenings since his arrest.
While Ms Doherty said there is no excuse offered for his failure to attend, the "horrors visited on this man" were now understood and there is a concern that his incarceration is causing a secondary traumatisation.
Mr Moore, she said, has had "serious mental health concerns" in the past two weeks. She asked the court to consider holding Mr Moore in protective custody, rather than being incarcerated.
Ms Justice O'Connor asked Garnet Orange SC, for the DPP, to explore the possibility of holding Mr Moore in protective custody. Mr Orange told the court that protective custody requires planning and it is "simply not possible to do at this stage". He said the current situation with Mr Moore was not anticipated by gardaí or the prosecution.
Judge Sarah Berkeley said she was surprised the State had not anticipated the matter, while Ms Justice O'Connor pointed out that there had already been issues with Mr Moore's failure to attend court. "There was some indication there might be some difficulty. It's not something that has just arisen," she said.
Ms Justice O'Connor asked that the State "continue to review this matter" as she adjourned the trial until Monday morning.
Mr Orange previously told the court that in applying to have Mr Moore's statements admitted as evidence, he intends to call supporting evidence that he says will leave the court in doubt as to the guilt of the accused. He said the court will see photographs of Mr Moore's injuries and will hear medical evidence in respect of those.
The State will also rely on CCTV footage to show the movements of various people and vehicles at the critical time. There will also be evidence of blood stains at the location of the alleged assault and other materials consistent with Mr Moore's account, including a "cattle brand'. The court will also be asked to draw inferences from the accused's alleged failure to answer certain questions.
In his opening speech on Friday, Mr Orange said the State alleges that brothers Jason Hennessy Jr (28) and Brandon Hennessy (22), as well as Kenneth Fitzsimons (45) and his son Dean Fitzsimons (25) assaulted Mr Moore in a shed at the back of Jason Hennessy Jr's home on Sheephill Avenue in Blanchardstown.
During the alleged assault, counsel said the group accused Mr Moore of giving information to people with whom the accused were "not friendly". He said they used a 'branding' object with the letters RAT on it, which they heated on a gas stove before using it to brand Mr Moore's face and body.
Det Gda Stuart Gleeson told the trial that he interviewed Mr Moore the day after the alleged assault. He noted various injuries on Mr Moore's body, including the word 'RAT' burned into both sides of his face, forehead, stomach and back.
Det Gda Gleeson read out Mr Moore's statement in which he alleged that each of the accused had assaulted him for more than one hour in a shed at the back of Jason Hennessy Jnr's home.
Jason Hennessy Jr and Brandon Hennessy, of Sheephill Avenue, Blanchardstown, Dublin 15, along with Kenneth Fitzsimons and Dean Fitzsimons, of Castlecurragh Vale, Mulhuddart, Dublin 15 are charged with false imprisonment, intentionally or recklessly causing serious harm, and with participating in or contributing to the activity of a criminal organisation by assaulting Mr Moore, causing him serious harm.
The offences are alleged to have happened on February 12th, 2025, at a house on Sheephill Avenue, Blanchardstown in Dublin 15.
They have each pleaded not guilty to all charges.
Devon Hennessy, of Edgewood Lawns, Corduff, Dublin 15 has previously pleaded guilty to falsely imprisoning and assaulting Mr Moore for the purpose of enhancing the activities of a criminal gang. He is not part of the current trial.
The trial is being heard by Ms Justice Karen O'Connor, Her Honour Judge Sarah Berkeley and Judge Fiona Lydon.
