Courts / Dublin / Report

Alleged victim of 'RAT' branding could be jailed for refusing to give evidence

Summary

The Special Criminal Court adjourned the trial of four men accused of assaulting Barry Moore until Monday morning. Ms Justice Karen O'Connor warned Moore, who appeared via videolink, that he could be imprisoned for refusing to give evidence. Moore stated he would not testify despite understanding the consequences. The DPP argued that Moore's prior statements should be admitted as evidence, asserting they point exclusively to the guilt of the accused. The State alleges that Jason Hennessy Jr, Brandon Hennessy, Kenneth Fitzsimons, and Dean Fitzsimons assaulted Moore in a shed in Blanchardstown on February 12, 2025, branding him with the word 'RAT'. All four defendants pleaded not guilty to charges including false imprisonment, causing serious harm, and participating in criminal organisation activities. Jason Hennessy Jr is further charged with threatening property damage and producing a branding stamp. Brandon Hennessy is charged with producing a steel breaker bar. Dean Fitzsimons is charged with threatening to kill or cause serious harm and producing a metal branding stamp and steel breaker bar. Kenneth Fitzsimons is charged with producing a steel breaker bar and an axe. Devon Hennessy, who is not part of this trial, previously pleaded guilty to falsely imprisoning and assaulting Moore to enhance criminal gang activities. The court will consider medical evidence, CCTV, and blood stains. Ms Justice O'Connor asked the State to continue reviewing Moore's custody arrangements as the trial was adjourned.

Who, what, where, when and why

What: Report matter: Alleged victim of 'RAT' branding could be jailed for refusing to give evidence. Charges or matters: producing a "steel breaker bar" in a manner likely to intimidate another person while committing or appearing to be about to commit an assault; making a threat to kill or cause serious harm to the alleged victim and producing a metal branding stamp and a steel breaker bar; producing a steel breaker bar and an axe during the course of a dispute or fight; all charges; falsely imprisoning and assaulting Mr Moore for the purpose of enhancing the activities of a criminal gang. Procedural stage: sentence

When:

• February 12, 2025 Incident
• 2025-12-06 Publication

Why: Lawyers for the accused are expected to argue that Mr Moore's statements should be ruled inadmissible because he is not making himself available for cross-examination. CNI source report

Case subjects

Places mentioned

Topics

Stage Sentence

Related court reports

• Murderer argues he was 'out of control' following Christmas Eve steakhouse shooting
• State drops all charges against double killer Derek Boyd's partner
• Driver who switched off headlights in effort to evade gardai fails in sentence appeal
• Derek Boyd now a double killer as jury finds him of guilty of murder
• Murder accused's previous conviction for manslaughter of sister can only be used if relevant, judge charges jury
• Not a 'shred of evidence' that Derek Boyd's girlfriend knew nature of injury to deceased man, defence tell trial

Read the original CNI report