THE re-trial of a Limerick man accused of kidnapping a postmistress’ son heard he tried to escape from armed Gardaí when they raided a house he was found in.
In October 2013, Zachary Coughlan Ryan was found guilty of falsely imprisoning Stephen Cusack and Niall Reddan at Caisleann na hAbhainn, Castletroy between August 19 and 20, 2012 and demanding a €500,000 ransom for their release.
In January 2014, the 39 year-old Garryowen man with an address at Brennans Row, Catherine Place, Limerick was sentenced to ten years in prison. This was later reduced to eight years and three months and his conviction was subsequently overturned by the Court of Appeal and a re-trial was ordered.
The re-trial before Judge Tom O’Donnell at Limerick Circuit Court heard that Zachary Coughlan Ryan was pepper sprayed and tasered when Gardaí arrested him.
Stephen Cusack had earlier told the court that he was watching television when two armed and masked men burst into his home. At first, he thought it was friends “messing” but then the raiders shouted for him to “get the f**k on the floor and put your hands behind your back”.
He said that his hands were bound with cable ties before he and Niall Reddan were bundled into his own pick-up and taken to a derelict house on the outskirts of the city.
Stephen Cusack told the trial that he saw the face of one of his kidnappers when it was lit by a reversing light on the truck.
However this was contradicted when Mr Coughlan Ryan, who is conducting his own defence, cross-examined a crime scene Garda who said that photos of the truck showed that it did not have any reversing lights.
Mr Cusack said he was held for a short time at the derelict house before he was taken to Donoughmore and it was there that he escaped to a nearby house where the alarm was raised.
Ten days after the alleged abduction, Stephen Cusack singled out Mr Coughlan Ryan in an identification parade at Henry Street Garda station.
Mr Coughlan Ryan put it to Stephen Cusack that Gardaí showed him a picture on a phone to influence his decision.
This was denied by Mr Cusack and by Gardaí.
Mr Cusack said he couldn’t remember why three separate statements were made to Gardaí at varying stages of the investigation.
When Mr Coughlan Ryan produced mobile phone data and asked about Mr Cusack’s contact with Niall Reddan, Mr Cusack said he couldn’t explain timing discrepancies between the messages and the timing of the alleged abduction.
Mr Coughlan Ryan put it to Stephen Cusack that texts relating to the kidnap seemed to be sent before the alleged kidnap occurred.
This couldn’t be explained by Mr Cusack.
After originally refusing to give evidence, similar questioning was put to Niall Reddan when he came to the witness box on the second day of the re-trial.
Asked about a text message from his then girlfriend, Catherine McCormack, saying “promise me you’ll be okay”, Mr Reddan was unable to say why this message was time stamped as being sent a half an hour before the kidnapping is alleged to have started.
Mr Reddan went on to deny knowing anything about a text he sent to Stephen Cusack’s brother Patrick stating “you’ll be grand bro, I didn’t do anything stupid and didn’t go to Garda and did what the lads said”.
Mr Coughlan Ryan put it to Niall Reddan that ”only for you got a better deal off the Gardaí, it would be you that is standing here facing a trial.”
Niall Reddan didn’t respond.
The jury were shown cable ties and a pair of socks Gardaí said were used to gag and tie Stephen Cusack.
However Mr Coughlan Ryan said that Mr Cusack’s DNA was not found on either item.
Replying to a query sent to him by Mr Coughlan Ryan, an Oxford University DNA and forensics professor stated it would be “highly unlikely” for them not to have Mr Cusack’s trace DNA if they were used in the abduction.
Cross examining Stephen Cusack’s father, Patrick Cusack Snr, Mr Coughlan Ryan asked if he thought Patrick Cusack Jnr was behind the abduction.
This was denied by Mr Cusack who said, “my son would never do that”.
Neil Foley, a friend of Patrick Cusack said that he learned of the alleged kidnapping while out socialising. Patrick Cusack showed him a text message from his mother stating “tiger kidnapping come home”.
Mr Foley said that he was drunk that night and couldn’t remember much given the passage of time.
Niall Reddan’s former girlfriend Catherine McCormack said that had “hardly any memory” of the alleged events nor could she explain the timing of the texts messages she sent to Niall Reddan at the time.
Detective Garda Declan O’Halloran said that he found two knives in a ditch near the field where the two men said they were held.
Five days later, armed Gardaí from the Regional Support Unit (RSU) arrested Zachary Coughlan Ryan using pepper spray and a taser gun after he was seen jumping out a window.
After Mr Coughlan Ryan challenged what he said was a “violent arrest”, Gardaí from the RSU testified that the arrest was lawful and tactics used were measured and justified.
Evidence was also presented by the State that Stephen Cusack formally identified Mr Coughlan Ryan in an ID parade at Henry Street garda Station on August 29, 2012.
During further cross examination of investigating gardai, Mr Coughlan Ryan accused them of showing his picture to Stephen Cusack before the ID parade.
This was denied and a Garda Ombudsman investigation made by Zachary Coughlan Ryan found the complaint to be “vexatious and unfounded”.
The trial continues before Judge Tom O’Donnell.
