Larry McCarthy Jnr has been found not guilty of threatening to kill and damage the property of another man
A LIMERICK man has been found not guilty of threatening to kill and damage the property of another man.
The presiding judge at the Special Criminal Court said this Friday that although Larry McCarthy Jnr’s actions were “reckless, ill-considered and irresponsible”, the court was acquitting him of the charges.
Mr McCarthy Jnr, 37 , with addresses at the Old Cork Road and Cornmarket Villas in Limerick, had denied threatening to kill Noel Moore and threatening to damage Mr Moore’s property at Windsor House, Donoughmore, Limerick on July 28, 2015.
During the trial, the court had heard that Mr McCarthy Jnr’s sister, Laura, was married to Mr Moore’s son, TJ, and that the case arose out of “ongoing difficulties” between the two families.
The prosecution had alleged that Mr McCarthy Jnr went to Mr Moore’s house on the day in question and said to him, “I'm going to f*cking shoot you” and “I’m going to get my buddies to burn your house to the ground”.
The court had also seen video of a garda interview with Mr McCarthy Jnr, in which he said he “didn't threaten anybody” and that CCTV cameras on the front of Mr Moore's house would show that he, Mr McCarthy Jnr, “didn't do anything to anybody”.
Delivering judgement, Mr Justice Tony Hunt, presiding, said that although the non-jury court was satisfied Mr McCarthy had “initiated an aggressive confrontation” with Mr Moore, and was an “entirely unwelcome visitor”, it could not be satisfied that the threat to shoot Mr Moore constituted a threat to kill him.
The judge said that a threat to shoot “leaves open possibilities other than killing”.
Mr McCarthy was acquitted of the charge.
Referring to the second charge, of threatening to damage Mr Moore’s property, Mr Justice Hunt said that the case “must stand or fall on the evidence of Mr Moore”.
The judge said there was not sufficient evidence to convict Mr McCarthy Jnr and that there were a number of inconsistencies which give rise to doubt whether the threat was issued.
He said that the court was unable to say beyond reasonable doubt that the threat included a specific threat to have Mr Moore's house burned down.
Mr McCarthy Jnr was also acquitted of that charge.