Gardaí who travelled to america to interview James Flynn, who was needed in reference to the Lordship Credit score Union theft, have been as a substitute met by his father who informed them “the boys are gone, you’ll by no means get them”, the Particular Legal Courtroom has heard.
Mr Flynn (31), who was ultimately extradited to Eire from the UK on costs referring to the theft almost 10 years in the past, throughout which Detective Garda Adrian Donohoe was killed, was on Friday refused bail by the Particular Legal Courtroom on the grounds that he’s a flight threat.
Summarising his objection on the flight threat floor, Det Insp Phillips mentioned the applicant had beforehand provided “substantial sums of cash” when he utilized for bail at Westminster Magistrates Courtroom, particularly £185,000 in money and a £965,000 unbiased surety.
“I consider this clearly demonstrates that he has the monetary means obtainable to him to evade justice,” he mentioned. The witness mentioned that Mr Flynn, who has no earlier convictions, holds a UK and US passport however not an Irish one and that he has no hyperlinks or ties to this jurisdiction.
Ruling on James Flynn’s bail utility on Friday, Ms Justice Tara Burns mentioned the three-judge court docket couldn’t settle for that the applicant was “something however a flight threat”. The decide mentioned the flight threat on this case was “too nice” to allow bail to be granted and that the likelihood of fleeing the jurisdiction was “properly made out”.
Mr Flynn, of Raven’s Glen, Newry, Northern Eire is accused of the theft of €7,000, the property of Pat Bellew, on the credit score union in Bellurgan, Co Louth, on January twenty fifth, 2013.
Accused of conspiring
He’s additionally accused of conspiring with Aaron Brady, Brendan Treanor and others to enter a residential premises with the intent to steal the keys of a motorcar between September eleventh, 2012 and January twenty third, 2013. Brady was convicted of murdering Det Gda Donohoe in August 2020.
Delivering the ruling of the three-judge court docket on Friday, Ms Justice Burns mentioned Mr Flynn seeks bail for his trial, which is listed in the beginning of January subsequent 12 months, having not too long ago been extradited to Eire from the UK.
In April of this 12 months, Westminster Magistrates’ Courtroom ordered Mr Flynn’s extradition again to Eire however this was appealed to the Excessive Courtroom. The enchantment was dismissed in July and Mr Flynn was introduced again to Eire to be formally charged with the credit score union theft.
The decide mentioned on Friday that the applicant had left this jurisdiction very shortly after the alleged theft in April 2013 and has since been within the UK and the US. Ms Justice Burns mentioned the prosecution meant to adduce CCTV proof of a distinguished BMW which they are saying Mr Flynn was driving on the time and which was seen at varied areas within the CCTV footage in relation to the alleged housebreaking cost.
There was a sighting of a burned Passat which has been established to have been used within the theft on January twenty fifth and a sighting of the BMW going to and coming from the burn web site in Northern Eire, she mentioned.
“These are all arms of the prosecution case, it’s not for this court docket to concern itself with whether or not there can be a conviction on this matter,” she mentioned. The case towards the applicant is of a “circumstantial nature” the place the proof will not be seen in isolation however “the fruits of varied components coming collectively”, she mentioned.
Clearly, the decide mentioned, a case had been made out towards the applicant by way of what’s anticipated to be the prosecution’s case. The power of the proof meant to be introduced by the State is sufficient to trigger the court docket concern and it’s of the view that there’s potential for a conviction, she continued.
The decide mentioned the prosecution’s view is that Mr Flynn posed a flight threat on account of him absconding from this jurisdiction in April 2013 after the alleged theft by going to the US. He has been within the US, the UK and Northern Eire for the final 9 years.
She mentioned Mr Flynn had not tried to interact or cooperate with gardaí and it was possible if he obtained bail that he wouldn’t stand trial for these issues. “For that floor alone the court docket will refuse bail,” she acknowledged.
She mentioned the three-judge court docket had heard “very regarding proof” about an interplay the applicant’s father had with the investigating garda in relation to this matter. Mr Flynn’s father had indicated that an interview might happen along with his son within the US and gardaí travelled to Boston clearly of the view that the interview would happen, she mentioned.
Nevertheless, when gardaí went to the tackle they have been as a substitute met with a scenario the place the accused was not on the premises and his father uttered the phrases “the boys are gone, you’ll by no means get them”.
Referring to the danger of interference with witnesses, the decide mentioned there had been “very, very regarding proof” in regards to the behaviour of Mr Flynn’s father throughout the trial of Aaron Brady.
“Clearly these are the daddy’s actions and never Mr Flynn’s. It was frightful how individuals have been approached throughout this trial and the assorted issues mentioned,” she added.
Aaron Brady (31) was discovered responsible of the homicide of Det Gda Donohoe by an 11 to at least one majority jury verdict on the Central Legal Courtroom in August 2020. The daddy-of-one with a final tackle at New Highway, Crossmaglen, Co Armagh, was sentenced to the obligatory time period for homicide of life imprisonment.
In abstract, the decide mentioned that whereas the court docket had grave considerations in relation to the opportunity of interference with witnesses on this case, they weren’t refusing bail on that floor.
A authorized support utility for Mr Flynn can be handled earlier than the non-jury court docket on Tuesday subsequent week.
Brendan Treanor (34), with a earlier tackle at Emer Terrace, Castletown Highway, Dundalk, Co Louth, can be charged with taking part within the theft. His trial will begin in January subsequent 12 months alongside Mr Flynn’s. He was additionally refused bail in June 2022.