A LIMERICK man who is charged with threatening to kill his sister’s father-in-law is to be tried at the non-jury Special Criminal Court after the Director of Public Prosecutions (DPP) certified the ordinary courts are inadequate to deal with the administration of justice in the case.
Larry McCarthy Jnr, aged 37, who has an address at Towerlodge, Old Cork Road, is accused of threatening to kill or cause serious harm to Noel Moore at his home on the outskirts of the city on July 28, last.
The defendant, who gardai allege is a senior figure in the Dundon-McCarthy criminal gang has been in custody since he first appeared before a special sitting of Limerick District at the end of July.
The alleged victim who is a stallholder at the Milk Market is the father of TJ Moore, who is married to Mr McCarthy’s sister, Lauren McCarthy.
During a contested bail application, it was alleged by gardai the defendant has known links to criminals around the country and with criminals on an international level.
Detective Garda Niall Fitzgerald said he believed Mr McCarthy “posed an immediate and viable threat” to Mr Moore, has “ready access to firearms” and is capable of carrying out the alleged threat.
This Tuesday, Detective Garda Pat Whelan told Limerick District Court the book of evidence had been completed and that a copy had been served on the defendant.
State Solicitor Michael Murray relayed the views of the DPP to Judge Mary Larkin and the original signed certificate was submitted to the court.
Mr Murray said his application was to have Mr McCarthy remanded in custody to appear before “a sitting of a Special Criminal Court”.
Paddy O’Neill BL, instructed by Madden-Finucane solicitors, applied for legal aid on behalf of his client.
However, after Mr Murray expressed concerns about the contents of a statement of means which was submitted by the defendant, Judge Larkin made no order and suggested he should renew his application at the Special Criminal Court.
The judge commented that given the serious nature of the charges, the “run of the mill, two-bit form” was inadequate.
After informing the defendant that he must supply details of any proposed alibi witnesses within two weeks, the judge formally granted Mr Murray’s application.
Separately, Mr McCarthy is also to face trial at the Special Criminal Court on charges relating to a disturbance at Little Gerald Griffin Street on November 25, 2014.
Again, Detective Garda Whelan said a book of evidence had been completed and a copy served on the defendant.
Mr Murray made a similar application in that case and asked that Mr McCarthy be remanded in custody to appear before “a sitting of a Special Criminal Court.”
However, after being informed he was previously granted bail in that case, he consented to a remand on continuing bail.