Garda killer Aaron Brady orchestrated a campaign of witness intimidation during his 2020 trial for the murder of Det Gda Adrian Donohoe, while his alleged conspirator was an “enthusiastic cheerleader” for attempts to stop those he termed “rats” from giving evidence, a prosecuting barrister has told the Special Criminal Court.
Lorcan Staines SC told the three-judge, non-jury court that the alleged conspiracy to persuade a witness not to give evidence at Brady’s trial was a “criminal act of the most insidious kind”.
In his closing speech on Wednesday Mr Staines said that Dean Byrne, who is on trial accused of conspiring with Brady to pervert the course of justice, was housed with Brady on the D-wing of Mountjoy Prison during the 2020 trial.
Counsel said Mr Byrne shared photographs of the statement of Daniel Cahill, a key witness in Brady’s trial, with relatives of Mr Cahill – which he said was part of a conspiracy to persuade the witness not to give evidence.
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Mr Staines alleged that Mr Byrne was acting as an “agent” for Brady and that the conspiracy between them included the use of improper means to persuade Mr Cahill not to give evidence.
Padraig Dwyer SC, for Mr Byrne, said it is “pretty staggering” that the prosecution has been unable to produce any evidence that his client ever met Brady in Mountjoy. He said there is also no evidence of contacts between them on a phone that was found in Mr Byrne’s cell.
While the prosecution had pointed to the campaign of intimidation by Brady, Mr Dwyer said there was “not one scintilla of evidence to show that Dean Byrne was aware that there was such a campaign.” Mr Dwyer said the charge against his client is novel and vague and there is no evidence of any agreement between his client and Brady or of how Daniel Cahill was to be persuaded not to give evidence.
He said the court should not convict if Mr Byrne had a “benign” intention and genuinely believed Mr Cahill was going to give false evidence at Brady’s trial. Persuasion, counsel said, is a “vague word” and he urged the court not to convict Mr Byrne of a serious crime when the prosecution cannot even say what was unlawful in the sharing of Daniel Cahill’s statement.
Dean Byrne (30) from Cabra Park, Phibsborough, Dublin is on trial accused of conspiring with Aaron Brady in Mountjoy Prison between April 8, 2020 and June 22, 2020 to persuade prosecution witness Daniel Cahill not to give evidence at Brady’s murder trial, a course of conduct which had a tendency to and which was intended to pervert the course of justice.
In August 2020, Brady (33) formerly of New Road, Crossmaglen, Co Armagh was convicted by a jury of the murder of Det Gda Adrian Donohoe during a credit union robbery at Lordship, Bellurgan, Co Louth on January 25th, 2013.
Mr Justice Paul Burns, presiding, adjourned the case until May 29th when Aaron Brady is due to be sentenced for his role in perverting the course of justice during his trial. Mr Justice Burns said the court may have its verdict ready on that date.
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