A former Cork city councillor has been returned for trial by Cork District Court on charges of soliciting a person to murder three people. Gary O'Flynn (38) of Hayfield Drive, Castle Court, Whitechurch, Co Cork, is charged with soliciting a person to murder accountant Patrick Sweeney, Revenue official George Ross and Det Garda Mary Skehan on dates between October 1st 2012 and February 15th 2013.
Insp John Deasy told Cork District Court on Wednesday that a book of evidence had been served on Mr O'Flynn by officers involved in the investigation.
And Insp Deasy said the Director of Public Prosecutions had directed trial by indictment on the charges and he was seeking a return to the current sittings of Cork Circuit Criminal Court.
Mr O'Flynn's solicitor, Joe Cuddigan asked Judge Leo Malone to consider returning Mr O'Flynn for trial on the charges to the February sittings of Cork Circuit Criminal Court.
He said the current sittings were due to conclude on Friday and the reality was that the case would not be reached and would instead be adjourned to the February sittings.
Mr Cuddigan said returning it to the current sittings would be “a nullity” and it was usual in cases being returned so late in the current sittings that they be returned to the next sittings.
But Inspector Deasy said that the DPP had specifically instructed that the case against Mr O’Flynn be returned to the current sittings on Friday, November 29th.
Mr Cuddigan said that that was even “more preposterous” given that Friday November 29th is the last day of the current sittings and there was no way the case would be dealt with.
There was a substantial book of evidence to be studied and the case would take at least two days to try and he again asked Judge Malone to return his client to the February sittings.
But Judge Leo Malone said he had no jurisdiction in the matter once the book of evidence had been served on the accused and he was going to grant the state application.
He said that he noted Mr Cuddigan’s comments but returned Mr O’Flynn on bail to appear for trial at Cork Circuit Criminal Court on November 29th and remanded him on bail to appear on that date.
