The trial of four men accused of falsely imprisoning and attacking a man who was beaten and branded with the word "rat" has begun in the Special Criminal Court.
The alleged victim Barry Moore has refused to give evidence before the non-jury court this morning after being held in custody overnight to ensure his attendance.
Jason Hennessy Junior, 28, and 22-year-old Brandon Hennessy, of Sheephill Avenue, Blanchardstown in Dublin, along with 45-year-old Kenneth Fitzsimons and his 26-year-old son, Dean Fitzsimons, of Castlecurragh Vale, Mulhuddart in Dublin 15, are all charged in relation to the alleged assault and false imprisonment.
The men were arraigned before the three judges and pleaded not guilty to all charges against them.
Mr Moore was arrested by gardaí yesterday after failing to attend court previously and was remanded in custody last night to ensure his attendance.
Detective Inspector Liam Donoghue told the judge yesterday that, while he had sympathy for Mr Moore, who he believed was "gripped by fear", it was necessary for him to be remanded in custody so the trial of his four alleged attackers could commence.
The trial got under way with a stern warning from Ms Justice Karen O'Connor in which she said any attempts to place a witness under pressure would not be tolerated.
Prosecuting counsel Garnett Orange opened the trial by outlining the State’s case against the four men.
He said Mr Moore called to the house on Sheephill Avenue in Blanchardstown to collect a child’s tracksuit.
Mr Orange said there was initially a normal conversation in the shed at the back of the house before Jason Hennessy attacked Mr Moore during which he struck him across the face.
Mr Orange outlined the lengthy assault Mr Moore was subjected to by the men during which he was hit repeatedly with a lengthy iron bar on the legs and arms, which broke one arm.
The court was told the men then questioned him and made allegations about him, believing he had given information to some people that they were not friendly with.
Mr Orange said the assault resumed and an object for branding was produced.
The judges were told it was a "bespoke object" that had letters that said "RAT" on it and a camping stove was used to heat it.
It was used to stamp on Mr Moore’s body and then Mr Orange said it was considered not hot enough, so it was put back on the stove.
He said it was heated again and then applied a number of occasions to Mr Moore’s torso, his face and head.
It is also alleged that more objects were produced to simulate drowning or waterboarding as a further means of questioning Mr Moore.
Mr Orange said Mr Moore was also threatened with rape and a Stanley knife was held to his ear, with threats both ears would be cut off.
Mr Orange said eventually Mr Moore was allowed to leave the shed and he managed to make his way to his father's house where the emergency services were called at 8:45pm.
Mr Orange said it is the "prosecution case that the injuries observed were solely consistent with the account that was given by Barry Moore to investigating gardaí".
When Mr Moore was called to the witness box this morning, he refused.
He said: "I am not giving evidence."
The prosecuting counsel asked the judge to "treat this as a situation where Barry Moore is refusing to give evidence".
Statements Mr Moore made to gardaí on the day after the alleged attack, while in hospital being treated for his injuries, were then read to the court.
Detective Garda Stuart Gleeson said he visited Mr Moore in hospital and said he had visible injuries to his face.
He said there were burn marks with the lettering "RAT" on the left-hand side and right-hand hand side of his head and forehead.
He also said there were burn marks with same lettering on his stomach and back, and multiple burn marks on his body.
Mr Gleeson said Mr Moore’s right arm was in a cast, adding that Mr Moore told him it was broken.
In an interview, Mr Moore said: "The beating lasted an hour or more.
"I was kept against my will.
"My face and body were completely destroyed."
He said they held me hostage and beat me.
"I thought I was going to die".
