A warrant has been issued for the arrest of a Carlow man who was due to appear in court following his conviction for assaulting a man and bundling him into the boot of a car.
Philip Moore (41) formerly of Rathellen, Leighlinbridge, Carlow, now living in Carlow town, was convicted last Friday at Carlow Circuit Criminal Court of false imprisonment of Alan Rossiter and assaulting the man causing him harm at Moore’s home in Rathellen between August 14 and August 15, 2022.
He had denied the charges and two further charges of threats to kill and production of a knife. The jury acquitted him of these charges.
Moore had claimed that Mr Rossiter had attacked him the previous night and had made a statement of complaint to gardaí before gardaí received a report on the attack of Mr Rossiter.
However, an investigation into Moore’s claim found no evidence to support it and a prosecution was never brought against Mr Rossiter.
Upon his arrest for the attack on Mr Rossiter, Moore told gardai that he “never laid a finger on the chap” and instead claimed that his friend Shane Coady was responsible.
The jury was told that Coady (25) of Bagnel Court, Bagnelstown, Carlow, pleaded guilty to a charge of assaulting Mr Rossiter causing him harm at Rathellen that day. He is due to be sentenced later this week.
At the conclusion of the trial, following his conviction, Judge Eugene O’Kelly referred to Moore’s defence as “a cut throat defence” adding that he tried to shift the blame onto Coady.
Moore was remanded on continuing bail following his conviction.
The court heard a brief bail application. Niall Storan BL, for the State, had opposed bail and sought a remand in custody on the basis that Moore had been convicted of a serious offence.
Judge O’Kelly granted bail on strict conditions including that Moore sign on twice daily at Carlow Garda Station. He also imposed a curfew on the man. The case was adjourned to today (Wednesday).
Tom Kelly BL, defending, told Judge O’Kelly today (Wed) that his client was not in court.
He said he had received an email from Moore advising that his father was unwell and he had taken him to a Dublin hospital yesterday (Tues).
Moore apologised in the email and asked that his case be adjourned to Thursday afternoon.
Mr Kelly acknowledged that his client was present during the bail hearing last Friday and was aware of his bail conditions and his need to attend court today.
He acknowledged that Moore’s bail was opposed by the State. He confirmed that there was no medical evidence to support the claim that Moore’s father was taken to hospital.
Mr Storan applied for a warrant for Moore’s arrest.
Judge O’Kelly said it was “very much touch and go” last Friday as to whether Moore was going to be granted bail.
“I am beginning to wonder if the court is being played,” Judge O’Kelly said noting the lack of medical evidence to support Moore’s email.
He issued a warrant for his arrest. The sentence hearing of Coady is due to be heard tomorrow (Thursday).
The trial heard that Moore, Mr Rossiter and Coady had been drinking and taking cocaine that night before a row broke out.
Mr Rossiter said he was attacked by both Moore and Coady. He claimed he was threatened with a knife and Moore told him he was going to spray bleach at him. He said he was held against his will in the kitchen of the house before he was bundled into the boot of Moore’s mother’s car.
Mr Rosssiter said he was crying in the boot and he heard the engine running.
He said Moore had told him he was “going in the boot” and he was driving him up to the hills. He claimed that Moore told him if he told anyone about the attack on him, he would burn his house down and bury him up in the hills in Rossmore.
The court heard that tape lifts were taken by gardaí from the boot of the car and compared to samples taken from Mr Rossiter’s t-shirt that he had worn that night.
Forensic evidence in the trial concluded that there was “very strong support” for the claim that Mr Rossiter had been in the boot of Moore’s mother’s car.