A person who provided over £1 million in bail sureties earlier than he was extradited from the UK, charged with the theft throughout which Detective Garda Adrian Donohoe was murdered, has been granted authorized support after the Particular Prison Courtroom heard he now has “completely nothing”.
Ruling on Tuesday on whether or not James Flynn must be granted authorized support, presiding choose Ms Justice Tara Burns mentioned “a really odd place” had been adopted by the applicant because the court docket had beforehand heard that he had a major enterprise within the US and was a person who labored. “As an alternative we at the moment are met with a doc [a statement of means] which seems to mirror that the applicant has no belongings,” she added.
The choose mentioned the non-jury court docket was “considerably confused” by the defence software because it was referenced in the middle of Mr Flynn’s bail listening to final week that “very important sums of cash” had been obtainable to him earlier than Westminster Magistrates’ Courtroom ordered his extradition again to Eire earlier this yr. “It’s now documented that he has completely nothing,” she added.
The three-judge court docket heard final week that when making use of for bail within the UK, Mr Flynn had provided the substantial sums of £185,000 in money and a £965,000 unbiased surety.
In April of this yr, Westminster Magistrates’ Courtroom ordered Mr Flynn’s extradition again to Eire, however this was appealed to the Excessive Courtroom. The attraction was dismissed in July and Mr Flynn was introduced again to Eire to be formally charged with the credit score union theft.
Mr Flynn (31), of Raven’s Glen, Newry, Northern Eire is accused of the theft of €7,000, the property of Pat Bellew, at Lordship Credit score Union in Bellurgan, Co Louth, on January twenty fifth, 2013.
He’s additionally accused of conspiring with Aaron Brady, Brendan Treanor and others of getting into a residential premises with the intent to steal the keys of a motorized vehicle between September eleventh, 2012, and January twenty third, 2013. Brady was convicted of murdering Det Gda Donohoe in August 2020.
Referring to an announcement of means which was handed into the court docket immediately, Ms Justice Burns commented that the data offered within the doc was “very sparse”.
The choose mentioned the court docket had stopped defence counsel for Mr Flynn final week from making an attempt to supply an evidence for the sums of cash provided to Westminster Magistrates’ Courtroom.
“That mentioned, we did hear throughout the course of the bail listening to that the applicant is residing together with his spouse and kids but there’s a reference within the doc that he’s not supporting any of his kids,” she continued.
Ms Justice Burns mentioned the court docket would grant Mr Flynn authorized support in mild of the State’s place “albeit with the court docket’s issues set out”.
Earlier, prosecuting counsel Brendan Grehan SC mentioned the State had “no remark as such” to make on the authorized support software filed. He mentioned it was a matter for the court docket and that the State was not elevating any objection.
In abstract, Ms Justice Burns mentioned she had spoken to trial choose Mr Justice Tony Hunt and careworn that the trial could be continuing in January. “[With] all due haste,” she added.
Final Friday, Mr Flynn was refused bail by the non-jury court docket on the grounds that he’s a flight threat. Ms Justice Burns mentioned the three-judge court docket couldn’t settle for that the applicant was “something however a flight threat” and that the likelihood of fleeing the jurisdiction was “properly made out”.
Summarising his objection to the court docket on the flight threat floor final week, Detective Inspector Mark Phillips mentioned the applicant had 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.
Referring to the sums of cash that had been provided to Westminster Magistrates Courtroom, Mr John Temple, defending, mentioned that this was provided by Mr Flynn’s relations and never the applicant himself.
Brendan Treanor (34), with a earlier handle at Emer Terrace, Castletown Highway, Dundalk, Co Louth, can be charged with collaborating within the theft. His trial will start in January subsequent yr alongside Mr Flynn’s. He was additionally refused bail in June 2022.
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 Prison Courtroom in August 2020. The daddy-of-one with a final handle at New Highway, Crossmaglen, Co Armagh, was sentenced to the necessary time period for homicide of life imprisonment. As he had been discovered responsible of murdering a Garda performing in accordance together with his responsibility, he’ll serve a minimal of 40 years. Brady was additionally sentenced to 14 years for the credit score union theft – a sentence that may run concurrently with the life sentence. Brady’s trial was the longest homicide case in Irish authorized historical past, lasting 122 court docket days.