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A businessman was beaten and threatened in such a way by a dissident Republican gang that he asked to be shot to end his ordeal, the Special Criminal Court has heard.
The non-jury court heard Monday that Mayo businessman Edward McAndrew was beaten with iron bars and threatened by a group of men demanding money in Omeath, Co Louth, in 2017. The men told McAndrew they were members of Continuity GO TO.
On Monday Anthony Finglas (49) with an address at Havelock Place, Warrenpoint, Co Down, appeared in Special Criminal Court pleading guilty of demanding money with threats from Mr. McAndrew at One Ferry Hill, Cornamucklagh, Omeath, Co Louth, on 2 December 2017. The offense is governed by the Criminal Justice (Public Order) Act 1994.
After his defense attorney outlined the extenuating circumstances in the case, including that the defendant was a grandparent, Judge Tony Hunt said “don’t push too hard on the grandfather line” as Finglas “is hardly a candidate for Werther’s Original” .
A victim impact statement read to the court by attorney Anne-Marie Lawlor SC said that after his ordeal, Mr. McAndrew, who dealt in plant machinery, committed suicide and suffered “a psychological and emotional impact unbearable”.
Ms Lawlor said that two other men appear in court on related charges, but that Finglas pleaded guilty to the only crime of demanding money with threats, which the state accepted on the basis that all the facts of the case are known.
Detective Sergeant Padraig Boyce told Lawlor that McAndrew received an email in September 2017 requesting a meeting with McAndrew from a man named “Barry,” who claimed to have machinery for sale. Mr. McAndrew traveled from May to attend the meeting, which had been arranged for the Crown Plaza Hotel in Dundalk, Co Louth, on December 2, 2017. Mr. McAndrew arrived at around 3.30 pm on December 2, 2017, when he met a “25 -30-year-old male” driving a Seat Toledo.
Two deals were discussed for a piece of machinery supposedly valued at 85,000 euros and another for 50,000 euros, which was to be purchased by McAndrew. Mr. McAndrew was supposed to follow the Toledo to the machinery, but lost it temporarily, but was met again by the man, who was now driving a silver Caddy van, into which Mr. McAndrew got into.
McAndrew was taken to Cornamucklagh, about 200 meters from the border, Sgt. Boyce said.
At Cornamucklagh, three men, two of whom had iron bars while another brandished a feather duster, attacked McAndrew. In a statement to gardaí, McAndrew said the men claimed to be members of the Continuity IRA and began “hitting” McAndrew on the head, body and legs while demanding money from him. McAndrew was put in the trunk of a Mercedes E3 and told that his mother and daughter would never see him again if he did not pay them £ 50,000 in the next few days. Later, McAndrew identified Finglas at a parade and recognized his accent at a point in the scene when Finglas said, “Get away or you’ll kill him.”
After two hours in the trunk of the car, Mr. McAndrew was released and managed to get to his own jeep before driving to the hospital. McAndrew, who was in fear for his life at the time of the hospital visit, told Gardaí that he told doctors he had been in a motorcycle accident. Amid phone calls and emails asking for money in the weeks after the attack, a text message was sent to Mr. McAndrew’s daughter claiming to be from a friend of McAndrew’s named “Barry.” McAndrew downloaded an app on his phone that allowed him to record calls and took a recording of a threatening call to Gardaí in Enniscrone, Co Mayo.
The PSNI and Gardaí cooperated in a search of Finglas’ house in Warrenpoint, where they found Mr. McAndrew’s phone, which Finglas had been using. McAndrew’s phone had a contact list that included his daughter’s number, Det Sgt Boyce said.
Reading Mr. McAndrew’s victim impact statement, Ms. Lawlor said that Mr. McAndrew stated that when the three men threatened to shoot him, he asked to be shot “to end it all.”
McAndrew’s said in its statement that he has facial scars that he sees every day, cannot sleep, suffers from flashbacks, and that he had started drinking to numb the psychological and emotional impact of the attack.
Mr. McAndrew said that he was in therapy and did not feel safe about himself or his family and felt that it would be better to leave Ireland and start a new life abroad.
Defense attorney, Mr. Michael Bowman SC, said the recorded call was not from Finglas but from another man and that his client was a “muscle” to the gang and was not “operationally engaged”. Mr. Bowman said that his client did not use iron bars and that it was the man who said, “Go easy or you will kill him.” [Mr McAndrew]”At the scene of the attack. The attorney said these were “the only words of comfort” that Mr. McAndrew heard during his ordeal. Mr. Bowman said that his client was detained on an early guilty plea, had taken responsibility for his involvement in the attack, and had assisted the state by participating in the identity parade.
The lawyer said that Finglas was a grandfather who had battled crack in the past and was eager to continue his drug treatment program. The presiding judge, Justice Tony Hunt, told Mr. Bowman “don’t push too hard on the grandfather line; he’s hardly a candidate for Werther’s Original. ” Ms. Lawlor said the maximum sentence for the crime was 14 years. Judge Hunt adjourned the case until December 15 for sentencing.
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