DUBLIN, Ireland: A man who refused to act on his allegations that he was beaten, waterboarded, threatened with rape, and branded on his face and body was warned by the Special Criminal Court that he would be imprisoned.

Justice Karen O'Connor, presiding over the three-judge, non-jury court, warned Barry Moore (34) on December 6 of the potential consequences of failing to cooperate in a criminal trial. Moore, appearing via video link, said he understood he could go to prison, but he would not give evidence.

Moore was arrested last week after he previously failed to appear for the trial of four men accused of assaulting and falsely imprisoning him. The DPP is asking the court to rule that statements Moore made to gardaí after the alleged assault should be admitted as evidence in the trial, even if he does not take the stand.

Lawyers for the accused are expected to argue that Moore's statements should be ruled inadmissible because he is not making himself available for cross-examination.

Earlier on December 6, Carol Doherty BL, representing Moore, told the court that her client had been held in isolation in custody for two nights since his arrest.

While Doherty said there was no excuse for his failure to attend, the "horrors visited on this man" were now understood, and there was concern that his incarceration was causing secondary trauma.

She said Moore has had "serious mental health concerns" in the past two weeks. She asked the court to consider holding Moore in protective custody, rather than keeping him in general incarceration.

Justice O'Connor asked Garnet Orange SC, for the DPP, whether Moore could be held in protective custody. Orange told the court that this was not possible at this stage. He said neither the gardaí nor the prosecution had anticipated Moore's current situation.

Judge Sarah Berkeley said she was surprised the State had not anticipated the issue. Justice O'Connor noted that there had already been problems with Moore's failure to attend court.

Orange told the court earlier that he wanted Moore's statements to be used as evidence.

The State will also show CCTV footage to track the locations of people and vehicles at the key time. There will be evidence of blood stains and other items at the scene that match Moore's account, including a "cattle brand." The court will also be asked to consider the accused's alleged refusal to answer some questions.