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BUSINESSMAN Jim Mansfield Jr. “effectively delivered” a longtime employee, now in the Witness Protection Program, into the arms of a group of men who falsely imprisoned him and his family, prosecutor said to the Special Criminal Court that is not part of the jury.
Mansfield, 53, of Tasaggart House, Garters Lane, Saggart, Co Dublin, is being tried in Special Criminal Court on charges of conspiracy to commit false imprisonment and attempting to pervert the course of justice five years ago.
The defendant is accused of conspiring with one or more persons to falsely imprison Martin Byrne on an unknown date between January 1 and June 30, 2015, both dates inclusive. This is contrary to article 71 of the 2006 Criminal Justice Law.
He is also accused of attempting to pervert the course of justice by ordering Patrick Byrne to destroy the CCTV footage, with the alleged intention of perverting the course of public justice in connection with the false imprisonment of Martin Byrne at Finnstown House Hotel, Newcastle Road. Lucan, Co Dublin between June 9 and June 12, 2015.
Mansfield has pleaded not guilty to both charges in the indictment.
Dressed in a black suit, white shirt and dark tie, Mansfield attended the three-judge court today with two members of his family.
In opening the State’s case, Shane Costelloe SC told the court that he was not part of the jury that all the allegations relate to events that occurred on or around June 9, 2015.
In describing the facts of the case, Costelloe said the State alleges that Martin Byrne, his wife Lisa Byrne and their son Brandon Byrne were falsely incarcerated by a group of men on this date.
“As a background, all these men have been treated by this court,” added the lawyer.
Security expert
In detailing the evidence to be heard, Costelloe said that Martin Byrne is alleged to have been “effectively handed over” by Mansfield into the arms of a group of men who falsely imprisoned him and ultimately also falsely imprisoned his wife and son.
Counsel for the prosecution told the court that at the relevant time or near date, Martin Byrne worked primarily in the role of security expert for the defendants.
“He had been employed by the Mansfield family under the guise of one of their businesses for more than a decade prior to this event,” Costelloe noted.
Martin Byrne had started working for Jim Mansfield Snr and continued working for the family after the latter passed away in 2014.
Martin Byrne was allowed to reside in a converted barn at the rear of Tasaggart House, which is also known as “The Towers,” he noted.
Costelloe said the evidence will be that Byrne lived in two of the units in The Towers with his family.
The Mansfield Group had some financial difficulties at the time of the last recession in 2011 and several of the group’s properties were in default, he said.
There will be evidence, the court heard, that Martin Byrne continued to work for receiver Martin Ferris, the defendant and other members of the Mansfield family.
“The sons of Mr. Mansfield Snr were making continuous efforts to recover some of these assets that had gone bankrupt in previous years,” Costelloe said.
However, a disagreement developed between the Mansfield family and another man.
The State’s witness, Martin Byrne, was asked to help Mansfield Jr. try to resolve the dispute and try to gain control of the properties.
‘Immediately confronted’
The court heard that there will be further evidence that Martin Byrne attended a meeting in May 2015 at the request of the defendant, where he met Dessie O’Hare and Declan Duffy.
“In the witness’s own words, that was an aborted meeting and it ended very quickly when the defendant and Martin Byrne left,” he said.
Costelloe also indicated to the judges that Mansfield contacted Martin Byrne on several occasions in June 2015, asking him to attend another meeting so that the issues could be resolved, but this time he was told that only Dessie O’Hare would be there.
The lawyer said the court will hear Martin Byrne say he was reluctant to attend, but went anyway.
The attorney further stated that Martin Byrne went to the Mansfield home on June 9 and met with the defendant. The two then traveled to a warehouse in Keatings Park.
Mansfield does not discuss going to Keatings Park with Martin Byrne that morning, but he does discuss what allegedly happened upon his arrival, Costelloe said.
The lawyer said the court will hear that, upon arrival at Keatings Park, Martin Byrne was escorted by the defendant to an office, where he was immediately confronted by Dessie O’Hare and Declan Duffy.
It is alleged that one of the two men approached Mr. Mansfield at one point and said “your work here is done” and the defendant left the room, the attorney said.
Costelloe said Martin Byrne will give evidence that there was a “heated conversation” between him, Dessie O’Hare and Declan Duffy at this point, during which he was told that he should immediately vacate the facilities at The Towers where he and his family they had been allowed to live until then.
Martin Byrne told them he was willing to leave if he could be given 24 hours, but was later “attacked” by five other men who were “stalking” him downstairs, the lawyer said.
“Those seven men grabbed Martin Byrne and didn’t let him leave, they put him in the back of a car and drove to The Towers,” he continued.
CCTV footage, the court heard, will show what happened at The Towers.
Finally, in what appeared to be a stroke of good luck, a member of An Garda Siochana was in the area and Martin Byrne, who was being detained against his will, was told to go out and get rid of the Gardai.
Instead, he told the garda what was happening, Costelloe said.
Some of the seven men who had kidnapped Martin Byrne fled the scene and others were arrested.
The non-jury court will see CCTV footage that, according to the state, was taken a few minutes after Gardai arrived at Finnstown House.
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It shows Dessie O’Hare and Declan Duffy trying to get through a security gate on the side of the property and then driving the same model of car, which the defendant and Martin Byrne had driven to Keatings Park earlier that day, the attorney explained. .
“Mr. Mansfield does not deny being in the company of Martin Byrne that morning, but he says the rest is wrong,” Costelloe said.
The attorney said the second count against Mansfield alleges that he and another person approached Patrick Byrne, Martin Byrne’s brother, who was responsible for maintaining the CCTV footage of Finnstown House.
Costelloe said Patrick Byrne will say that Mr. Mansfield told him to destroy a hard drive on which CCTV images were captured during the course of that day and the defendant did not explain the reasons for this request.
“Patrick Byrne was aware of the incident and instead of destroying it, he surreptitiously removed it and replaced it with a different unit.
“The court will also hear evidence that while Patrick Byrne was looking at CCTV footage, he noticed Dessie O’Hare and Declan Duffy trying to get through the security gate and took a photo of the image on his mobile phone, which was given to gardai, ”said the lawyer.
He explained that the State’s case would be that Mr. Mansfield attempted to destroy the CCTV footage knowing that they were potentially highly incriminating as a result of the earlier false incarceration incident.
The defendant was interviewed on warning five months later, in December 2015, and did not deny the fact that he knew Martin Byrne and Patrick Byrne.
However, he flatly denied that he had “set up” Martin Byrne on the morning of June 9 and that he had gotten Patrick Byrne to do anything to support the accusation on the second count, Costelloe concluded.
The trial will continue tomorrow before the presidency of Judge Alexander Owens, along with Judge Sinead Ni Chulachain and Judge James Faughnan.
‘Border Fox’
In April 2019, former INLA man Dessie O’Hare, known as “The Border Fox”, was imprisoned by the Special Criminal Court for three years for assaulting John Roche and ten years with three suspended for the rest of his life for false imprisoning Martin Byrne.
The sentences had to be executed at the same time.
The 63-year-old man, from Slate Rock Road, Newtownhamilton, County Armagh, admitted to assaulting Mr. Roche, causing harm, in The Towers, Garter Lane, Saggart, County Dublin on June 9, 2015.
O’Hare also pleaded guilty to falsely incarcerating Martin Byrne at Rathcoole and Saggart on the same date.
Former Republican paramilitary Declan “Whacker” Duffy was sentenced by the Special Criminal Court to six years in prison in 2018 after pleading guilty to assaulting and injuring John Roche, in The Towers, Garter Lane, Saggart, County Dublin on 9 June 2015.
He also admitted to falsely incarcerating Martin Byrne in Rathcoole / Saggart on the same date.
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