TWO men accused of threatening to rape and kill a taxi driver during a journey from Dundalk to Cullyhanna have declined to give evidence in their own behalf.
Robert Tasker (26), of St Patrick’s Park in Cullyhanna, who is a former All-Ireland Minor Football Championship winner with Armagh, and his co-accused, 25-year-old Antoin McCooey, also of St Patrick’s Park in Cullyhanna are on trial at Newry Crown Court charged with kidnapping, robbery, making threats to kill and common assault.
Both men have denied all the charges against them.
On Monday, the alleged victim in the case, Paul Kelly, an employee of Sevens taxi firm in Dundalk, gave a harrowing account of his journey to Cullyhanna after picking up two men in the early hours of Tuesday, November 29, 2016 outside a Chinese restaurant in the town.
Directed to take the two men, whom he subsequently identified as Tasker and McCooey, to Cullyhanna, Mr Kelly has claimed that the pair robbed him of his E120 takings, and threatened to rape and kill him in the grounds of St Patrick’s Church in Cullyhanna.
Mr Kelly also alleges that Tasker, who he claimed was seated in the back of the car, held a Stanley knife to his throat, while he claimed that McCooey was seated in the front passenger seat and threatened him with a screwdriver.
The crown case against the two defendants concluded yesterday, with counsel for Tasker, Mr John Orr, reminding the court that the only person who has testified that his client was in Mr Kelly’s taxi on the night in question, was Mr Kelly himself.
Acknowledging to the jury in the case that Mr Kelly had been through an “appalling” experience, Mr Orr commented: “Even an honest witness, as her Honour will tell you, can be a mistaken witness.
“Even a convincing witness can be a convincing witness. And Mr Kelly was certainly convincing. You couldn’t say anything less than that.”
Referring to the fact that his client had chosen not to give any evidence, Mr Orr added: “My client’s entitled to sit in that dock, he doesn’t have to prove his innocence. He doesn’t have to do anything. It is for the prosecution to prove his guilt to you.”
In her closing speech to the jury, Ms Fiona O’Kane, prosecuting, referred to the evidence given by Mr Kelly that he would “never forget” the faces of the two men in his taxi that night, and said: “Would you remember the face of the man right next to you threatening to slash your throat, the man next to you threatening to stab you with a screwdriver?
“Might those be faces that might be etched in your own brain, ladies and gentlemen?
“That’s what Mr Kelly said, it’s a matter for you. But Mr Kelly was able to take that memory that he said he had, and identify those two defendants.”
Today, counsel for McCooey will give his closing speech, while the Judge in the case will also direct the jury.