Garda killer Brady admits perverting the course of justice during murder trail
Sentencing adjourned to next month
Eoin Reynolds
in the Special Criminal Court
The man, who shot and killed Kilnaleck native, Det Gda Adrian Donohoe, has pleaded guilty to perverting the course of justice during his murder trial in 2020.
An attempt by lawyers for Aaron Brady to ban the media from reporting his admission of guilt, due to the potential prejudicial effect on any retrial Brady might face for murder, was characterised by the State as "fanciful" and was refused by the Special Criminal Court today (Thursday), April 11.
At the hearing Brady accepted that he was responsible for recording footage of an interview between gardaí and Ronan Flynn, a witness who told gardai he had heard Brady admit to shooting Det Gda Donohoe three times.The video was later posted on social media accusing Mr Flynn of "touting" and calling him a "rat".
Mr Flynn did not give evidence at Brady's trial and Mr Justice Michael White, who oversaw the murder trial, described the release of the footage as "the most outrageous contempt of court" and a clear attempt to intimidate Flynn and other witnesses.
Brady, dressed in a grey suit, white shirt and a pink tie, stood as the registrar asked him to respond to the charge that, on a date between February 20 and May 7, 2020, within the State, he video recorded the playing of an interview between Ronan Flynn and An Garda Síochána, thus embarking on a course of conduct intended to pervert the course of justice. Brady replied: "Guilty."
He is charged with a further count of conspiring with Dean Byrne to persuade a State witness not to testify at the same trial. Brady did not enter a plea in relation to that count but prosecution counsel Lorcan Staines SC said it should be taken into account at sentencing.
Following the arraignment, presiding judge Mr Justice Paul Burns adjourned sentencing to May 29 and refused an application from Brady's lawyers to prevent the media reporting Brady's guilty plea.
Michael O'Higgins SC, for Brady, argued that media coverage of Brady's attempt to pervert the course of justice could prejudice a future trial if his client's murder conviction is overturned by the Court of Appeal. Brady appealed his conviction last November and is awaiting a decision.
Mr Staines pointed out that the Constitution requires that justice be done in public and that principle should only be deviated from in exceptional cases. The concerns raised were "remote", he said, as the Court of Appeal has not overturned the conviction and there is no guarantee that any potential retrial would take place in front of a jury.
Online campaign
He said there is also a significant amount of material in the public domain regarding the background to the case. Counsel told the court that Brady's father, Tony Brady, has conducted an online campaign which included "vitriolic commentary" regarding prosecution witnesses, gardaí, prosecution lawyers and the original trial judge Mr Justice Michael White. Mr Staines said Tony Brady had created hours of commentary suggesting a State conspiracy against his son in relation to the murder conviction and in relation to the charge of perverting the course of justice, to which he has now pleaded guilty.
Given the vast amount of material already in the public domain, Mr Staines said the idea that legitimate reporting by professional journalists would prejudice potential jurors is "fanciful" and "couldn't be further from the type of exceptional case that would allow the court to stray from the Constitution".
Refusing the defence application, Mr Justice Burns said a retrial is "simply a possibility and no more than a possibility" and any mischief from reporting of today's plea could be remedied by a trial judge directing a jury to try the case based on the evidence they hear in court. He said there is no reason to believe a jury would not abide by the directions given by a judge.
Conspiracy charge
Dean Byrne (30) from Cabra Park, Phibsborough, Dublin remains on trial for the conspiracy charge. Mr Byrne (30) from Cabra Park, Phibsborough, Dublin is accused of conspiring to persuade prosecution witness Daniel Cahill not to give evidence in order to pervert the course of justice between April 8, 2020, and June 22, 2020.
Brady (33), formerly of New Road, Crossmaglen, Co Armagh was convicted by a jury in August 2020 of the murder of Detective Garda Donohoe during a robbery at Lordship Credit Union, Bellurgan, Jenkinstown, Co Louth, on January 25, 2013.
He is serving a life sentence with a minimum of 40 years.