The presiding judge in the trial of four men accused of falsely imprisoning and assaulting a man has warned the alleged victim that he is legally required to answer questions or risk being held in contempt of court.
Barry Moore, 34, who claims he was beaten and branded with the word “rat,” has repeatedly refused to give evidence in the non-jury Special Criminal Court. He has already spent two nights in custody and was denied bail on Friday, with the court remanding him until Monday.
Moore is the key witness in the case against Jason Hennessy Junior, 28, and Brandon Hennessy, 22, from Sheephill Avenue in Blanchardstown, along with Kenneth Fitzsimons, 45, and his son Dean Fitzsimons, 26, of Castlecurragh Vale, Mulhuddart. All four men are charged with the alleged assault and false imprisonment of Moore at a house in Blanchardstown on 15 February 2025. They have pleaded not guilty and were present in court during most of the day’s proceedings.
Presiding judge Ms Justice Karen O’Connor described Moore as the complainant in a serious criminal matter. She instructed State authorities to continue reviewing the possibility of protective custody for him, noting that the situation was unusual and required careful consideration of whether incarceration could be replaced with protective measures.
Speaking via video link, Moore confirmed that he would not give evidence or participate in cross-examination. When asked if he understood his legal obligations and the potential consequences, including contempt of court, he responded affirmatively.
Prosecuting counsel Garnett Orange SC highlighted concerns about “secondary traumatisation” arising from Moore’s continued detention. He noted that the Director of Public Prosecutions was not seeking to compel Moore to testify, acknowledging that the witness had clearly expressed his unwillingness to provide direct evidence.
During proceedings, Judge Sarah Berkeley raised questions about the defence’s right to cross-examine, stressing the accused’s presumption of innocence. Justice O’Connor emphasized that cross-examination is a fundamental requirement for the trial to proceed properly, although she indicated that Moore would not need to attend during ongoing legal arguments next week.
Moore’s legal team, led by Carol Doherty BL, applied for continued legal aid and requested the appointment of senior counsel to represent him, which the court approved. Concerns over Moore’s detention in custody remain under review.
The court is expected to resume full legal argument on Monday at 11:30 a.m., though it may take additional time before the trial itself can proceed with testimony. The case has drawn attention due to the complexities surrounding the witness’s refusal to testify and the court’s efforts to balance his rights with those of the accused.