Gardaí who searched a Dublin amusement arcade once owned by Mr Jim Kennedy were trying to establish if he had a place of abode there so they could serve a warrant relating to a tribunal of inquiry, his wife claimed in Dublin District Court yesterday.
Ms Antoinette Kennedy was giving evidence in a case in which her sons, Mr Patrick Kennedy (30) and Mr Joseph Kennedy (20), are charged with obstructing gardaí executing a search warrant. The alleged obstruction occurred at the Amusement City Arcade in Westmoreland Street on November 2nd, 2002.
Sgt Paul Reidy of Donnybrook Garda station told the court the search was carried out as part of an investigation into a case of false imprisonment in Milltown. Gardaí had heard that some suspects had entered the arcade on November 1st, and a search warrant had been secured to seize CCTV footage, said Sgt Reidy.
The Kennedy brothers are alleged to have been abusive, unco-operative and aggressive during the search. Mr Patrick Kennedy was also alleged in evidence to have assaulted Sgt Reidy. The accused reject these allegations. They say the gardaí neither presented a warrant nor explained the purpose of their search.
The search, which was to be conducted by four plainclothes gardaí and some uniformed officers, began at about 5 p.m., said Sgt Reidy. He entered the premises with Insp Paul Comiskey and Det Garda Mary Sharkey, both of Donnybrook.
Video evidence was presented of gardaí arriving at the arcade. Mr Martin Dully, for the Kennedys, asked Sgt Reidy: "Do you not find it extraordinary that not a single incident of which you complain happens in the video?"
Sgt Reidy said: "I totally disagree. I did produce a warrant. I would always produce the warrant." He said it was produced out of the CCTV's range and that every other second was skipped in the CCTV footage. "The video is not a full portrayal," he said.
Sgt Reidy's allegation that he was assaulted by Mr Patrick Kennedy is not captured on the video footage. Prosecution counsel say the alleged assault occurred behind a door.
Mr Joseph Kennedy was in the downstairs office. He told the court he "didn't know what was going on" when "they all came tumbling down". After the two gardaí entered the office his brother came in. He had called their mother in the Isle of Man and he handed Joseph the phone."She was asking me to ask for a search warrant," he said.
In evidence, Insp Comiskey alleged Mr Joseph Kennedy blocked his attempts to get back up the stairs. Mr Kennedy denied this. He also denied attempting to grab the bag of videotapes from Sgt Reidy.
Ms Kennedy said she was "totally confused" by the search, but later concluded: "They were trying to see if Jim had been in and out of the arcade, to see if they could establish it as his place of abode in Ireland, so they could serve a warrant on him to attend the tribunal."
Judge Angela Ní Chondúin has reserved judgment.
