Two men charged with an alleged kidnapping involving the robbery of €2.2m can be re-tried, the Supreme Court has ruled.
David Byrne (42), Old Brazil Way, Knocksedan, Swords, Co Dublin, and Niall Byrne (32), Crumlin Road Flats, Crumlin Road, Dublin, are alleged to have been members of a gang that held Paul Richardson, a Securicor worker, and his family hostage as part of a raid in March 2005.
Both men pleaded not guilty at Dublin Circuit Criminal Court to falsely imprisoning the Richardson family at Ashcroft, Raheny, Dublin, March 13th and 14th 2005 and to robbing Mr Richardson and Securicor of more than €2.2m on the same date. The two accused are not related.
Following two lenghty trials, juries were discharged deadlocked after being unable to agree verdicts unanimously or by a majority of at least ten.
In a High Court ruling over whether there should be a third trial, Mr Justice Gerard Hogan said David Byrne should be re-tried while Niall Byrne should not.
Those decisions were appealed to a five-judge Supreme Court which ruled on Tuesday a third trial of both men should proceed.
Mr Justice Peter Charleton, with whom the Chief JusticeMs Justice Susan Denham, Mr Justice Donal O’Donnell and Ms Justice Elizabeth Dunne agreed, said the case faced by the two accused meets the criteria identified in the case law for permitting a third trial notwithstanding two prior jury disagreements.
Mr Justice Adrian Hardiman, in a separate judgment, agreed with the High Court decision there should not be a re-trial of Niall Byrne and only the re-trial of David Byrne should proceed.