Brian Fitzgerald RIP
The jury returned to the packed courtroom shortly aft
er 2.30pm with unanimous verdicts in relation to two of the accused.
Following just over five hours of deliberations the 12 men found Gary Campion 24, of Pineview Gardens Moyross guilty of murdering the 34-year-old father of two at Brookhaven Walk, Corbally in the early hours of November 29, 2002.
However, they found Clare businessman, Anthony Kelly, 50, of Kilrush not guilty of murdering Mr Fitzgerald on the same date. They also found 23-year-old Desmond Dundon, of Hyde Road, Ballinacurra Weston, not guilty of the murder.
It had been the state's case that Gary Campion had driven the getaway motorbike on the night of the killing and that he was the only one of the accused who had been present at the scene of the shooting.
Earlier this Thursday the jury in the case were re-read evidence relating to his movements on the night of the killing and they were also shown stills from CCTV footage showing Mr Campion at a number of different locations in Limerick City in the hours before and after the killing.
In relation to Mr Kelly the prosecution had claimed he had given James Martin Cahill the gun, which was used in the killing. However, his defence team has said this was not possible given the sequence of events which had been outlined by the chief prosecution witness, James Martin Cahill, during the trial.
After imposing the mandatory life sentence on Gary Campion Mr Justice Charleton thanked Anthony Kelly and he told him he was free to go.
As Mr Kelly left the courthouse he shook hands with Mr Campion before embracing members of his family in the public gallery.
Outside the court his solicitor, Eugene O'Kelly welcomed the verdict: "Anthony Kelly is extremely relieved that his trial is now over. It has been a very long and difficult trial. He had proclaimed his innocence from the very beginning and he is very grateful to the jury for upholding his innocence," he said.
"The resentment is that he has been incarcerated for one year on the word of a self-professed perjuring, perverted killer, James Martin Cahill. The state were happy to rely on that uncorroborated unsubstantiated evidence. This man's freedom has been denied to him for the past year based on the rantings and ramblings of a demented psychopath," he added.
Just under an hour later the jury again returned to court to inform the judge they had found Desmond Dundon not guilty following almost six hours of deliberations. Mr Dundon was then returned to prison where he is serving a life sentence for murdering Kieran Keane at Drombanna in January 2003.
There was no noticeable reaction from any of the accused men or from members of the public as each of the verdicts were handed down.
Following the verdicts the court was told that the widow of Brian Fitzgerald, Alice Fitzgerald, did not wish to make a victim impact statement or to have one read to the court on her behalf.
The judge thanked the jurors for the attention they had given to the case, which he described as long and tiring. In discharging the jurors he said he was excusing them from further jury service for the rest of their lives.
- By David Hurley in Cloverhill Courthouse
