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Criminal Courts of Justice in Dublin Alamy Stock Photo

Bench warrant issued after alleged victim of false imprisonment fails to appear in court

Counsel said no progress could be made without his attendance, who was “central to the prosecution case”.

A BENCH WARRANT has been issued for 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, after he failed to appear in court.

Lawyers for the Director of Public Prosecutions told the Special Criminal Court today that the prosecution case “centres largely” on the evidence of the alleged victim, Barry Moore. They said as Moore had not attended court today, their instructions were to seek a bench warrant.

Brothers Jason Hennessy Jr (28) and Brandon Hennessy (22) of Sheephill Avenue, Blanchardstown, Dublin 15; as well as 45-year-old Kenneth Fitzsimons and his son Dean Fitzsimons (25), 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 the alleged victim, Barry Moore, causing him serious harm.

The offences are alleged to have happened on 12 February 2025 at a house in Sheephill Avenue, Blanchardstown in Dublin 15.

Garnet Orange SC, for the Director of Public Prosecutions, said this is a “difficult trial” that has been advanced “rather quickly” through the listing system.

He told the court that the prosecution case centres largely on the evidence of one particular witness in this case – the alleged victim, Barry Moore. Counsel said Moore had not attended court today but had been in communication with members of An Garda Síochána.

He said his instructions in the circumstances was to apply for a bench warrant for Moore, but that “discretion would be exercised in the execution of the bench warrant”.

Justice Karen O’Connor said that, “with discretion being very much paramount in respect of this”, the court would grant the warrant that was sought.

Orange asked the court to adjourn the matter for a week.

Following an enquiry from the court, Orange confirmed that outstanding issues of disclosure have now been completed. Justice O’Connor questioned whether the trial was ready to proceed rather than being put back for another week.

Counsel said no progress could be made “without ensuring the attendance of Mr Moore”, who he said was “central to the prosecution case”.

Justice O’Connor said the court had previously expressed a view that they were “most anxious” for trials to take place but have, as yet, been unable to start a trial this term. She noted it was a “huge waste of resources” if no trials take place, adding the court was “keen to keep all the parties focused”.

She said she would list the matter for this Wednesday, 26 November “to see what progress can be made”.

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.

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