THE chief executive of the Limerick Regeneration agencies may be called to give evidence in the trial of Southill man Anthony Kelly at Limerick Circuit Court this week, in relation to the maintenance of CCTV cameras in the area.
Mr Kelly, 50, has pleaded not guilty to possession of a Glock semi-automatic pistol with intent to endanger life at O’Malley Park, on October 28, 2009.
It is the prosecution’s case that Mr Kelly shot Michael Lynch in the back on that date, following a row between his daughter Jessie and members of the Lynch family.
The court heard that of the 19 CCTV cameras in operation in O’Malley Park, Southill, only one was not functioning on the date of the alleged shooting - the camera opposite 121 O’Malley Park, where Mr Kelly resides.
The surveillance cameras were purchased and installed by the Limerick Regeneration agencies, gardai at Roxboro station told the court.
However, Brendan Nix, SC, for the defence, maintained that he was informed by the Regeneration agencies that the gardai were responsible for the cameras.
Sgt John Delaney said a similar system is in operation in Moyross, where there are 80 cameras, but these are manned 24 hours a day by active members of the community.
“The Southill system wasn’t manned at all,” he said.
From time to time cameras have also been repositioned away from certain areas, he said.
“The Regeneration own the system lock, stock and barrel. The gardai would use it from time to time, but have no role in its operation. The bottom line is this is not a garda system,” said Sgt Delaney.
The court heard that the company who installed the system would maintain it if there were any faults in the system, but due to budgetary cutbacks several faults were allowed build up before the company was called.
Furthermore, no maintenance contract was in place.
Mr Nix said he wants to interview Mr Kenny, whose office is also based in the LEDP building, where footage from the cameras is downloaded.
He said “these lost images could prove the innocence of my client.”
“I want to know why that camera wasn’t working,” said Mr Nix.
Clothing taken from Mr Kelly’s home was tested by forensic scientists in the national laboratory in Dublin for traces of gunshot residue.
No dust particles from a gun were found on the clothing, however socks left in a wheelie bin at the front of the property did contain traces of gunshot residue.
But Brian McInerney, BL, for the defence, maintained that the socks could have been put there by anyone days before the alleged shooting.
The court previously heard that there is no CCTV or forensic evidence implicating Mr Kelly in the shooting.
The prosecution are relying on witness statements made by Mr Lynch and his mother Mary.
According to Ms Lynch, Mr Kelly said to her that night during the dispute: “If you don’t take them away, I’ll shoot them.”
“The next thing I can remember is Anthony Kelly pulling a gun from behind his back and pointing it,” she said. She believed up the four shots were fired - the last one at her son. The trial continues this week. Most of the 60 witnesses in the case have now given their evidence.