Alleged victim in 'branding stamp' trial fails to appear in court for second time
Ryan Dunne
The alleged victim in the trial of four men accused of producing a "branding stamp", an axe and a steel bar while assaulting and falsely imprisoning him in a Dublin house, failed to turn up in court for a second time this week.
The trial of brothers Jason Hennessy Jr (28) and Brandon Hennessy (22), as well as Kenneth Fitzsimons (45) and his son Dean Fitzsimons (25) was due to begin at the non-jury Special Criminal Court on Wednesday, but the alleged victim, Barry Moore, was not present, meaning the trial has now been adjourned to next Monday.
Jason Hennessy Jr and Brandon Hennessy, of Sheephill Avenue, Blanchardstown, Dublin 15, and Kenneth Fitzsimons and Dean Fitzsimons, of Castlecurragh Vale, Mulhuddart, Dublin 15, are charged with false imprisonment, intentionally or recklessly causing serious harm, and with participating in or contributing to the activity of a criminal organisation by assaulting Mr Moore, causing him serious harm.
The offences are alleged to have happened on February 12th, 2025, at a house in Sheephill Avenue, Blanchardstown in Dublin 15.
The trial was previously listed for Monday of this week, November 24th, but as Mr Moore did not attend court on that date, a bench warrant was issued, with counsel for the Director of Public Prosecutions, Garnet Orange SC, telling the court that the prosecution case centres largely on Mr Moore’s evidence.
When the case returned to court today, Mr Orange said that matters had not changed since Monday.
He said the gardaí are still in communication with the witness, but as he was not present in court, the State was not in a position to advance the trial. He said the State was “hopefully confident” that the trial could commence next Monday, December 1st.
Defence for Jason Hennessy, John D. Fitzgerald SC, said that this was the fourth date the matter had been listed for trial. He said that as his client is in custody, the situation could not proceed much longer, and if things did not change, he would be making an application for bail on the next date.
Padraig Dwyer SC, representing Kenneth Fitzsimons, said he was making the same application on behalf of his client, as did Michael Bowman SC, representing Dean Fitzsimons.
John Berry SC, representing Brandon Hennessy, said the bail situation did not apply to his client.
In response, Mr Orange said that this trial has come on with commendable speed and is ready in every other respect, with the trial still occurring within one year of the alleged offence.
Ms Justice Karen O’Connor, presiding over the three-judge court, said that it was important there was a clear understanding among all parties that, as the alleged offending occurred in February of this year and the matter was first before the court in July, this was not a long period of time. She said that no objection had been made to the previous trial dates, with the court facilitating the parties by extending these dates.
She said that in those circumstances, this was a relatively new case on this list, with every effort being made to ensure this trial takes place without delay.
Ms Justice O’Connor listed the trial for next Monday, December 1sy.
Jason Hennessy Jr is further charged with threatening to damage property and producing a branding stamp to intimidate another person during a dispute or a fight on the same date and at the same location.
Brandon Hennessy is charged with producing a "steel breaker bar" in a manner likely to intimidate another person while committing or appearing to be about to commit an assault.
Dean Fitzsimons is charged with making a threat to kill or cause serious harm to the alleged victim and producing a metal branding stamp and a steel breaker bar.
Kenneth Fitzsimons is charged with producing a steel breaker bar and an axe during the course of a dispute or fight.
