Witness intimidation fears if man accused of conspiring with garda killer given bail, court hears

A DETECTIVE INSPECTOR has told the Special Criminal Court that he is concerned about potential witness intimidation if a man accused of conspiring to steal cars with garda killer Aaron Brady is released on bail.

In his objections to bail for James Flynn (34), Det Inspector Mark Phillips today detailed numerous incidents of what he said were attempts to intimidate witnesses and jurors during Aaron Brady’s trial for the murder of Det Gda Adrian Donohoe in 2020 at the Central Criminal Court.

He said James Flynn’s father, Eugene Flynn Snr, asked the father of one “critical” witness to stop his son giving evidence. A jury minder also made a statement to gardaí after he became “concerned” about Mr Flynn Senior’s behaviour towards jury members.

Det Inspector Phillips said Mr Flynn Snr and Aaron Brady’s father, Tony Brady, attended throughout Brady’s trial and behaved in a way that gardai believed was intended to intimidate members of the prosecution team and others.

He detailed instances in which it is alleged Mr Flynn Snr called gardaí liars, scum and “f**king d**kheads”. He said Mr Flynn Snr accused gardaí of trying to “stitch” him up and suggested that detectives had gotten a court security garda to “bully” him.

Det Insp Phillips detailed further incidents during Brady’s trial in which an associate of Brady’s sent a prosecution witness a Snapchat message in which he used his fingers to depict a gun alongside the message: “Silly little girl.”

Since the trial, video of the same witnesses’ testimony has been released on social media by Tony Brady along with “vitriolic commentary”, Inspector Phillips said.

The detective also noted that during Brady’s trial, Tony Brady would stand at the foyer of the court building with Mr Flynn Snr as the jury was walking out the front door. Det Insp Phillips said he formed the view that they were “making their presence known” to the jury.

He further pointed out that Aaron Brady has pleaded guilty to conspiring with another man to dissuade one vital prosecution witness from giving evidence at his trial.

The detective told the court that he believes the “campaign of intimidation of witnesses” will continue if James Flynn is released on bail.

He said he also believes Mr Flynn, who had to be extradited from the UK in 2022 to face trial, is a flight risk as he is a citizen of both that country and the United States and has moved with ease among those jurisdictions in recent years.

Det Insp Phillips said Mr Flynn also has access to a significant amount of money. When he was arrested in the UK for extradition to Ireland, Mr Flynn offered £195,000 Stg and an independent surety of £965,000 when applying for bail, the inspector said.

Mr Flynn, with an address in Ravensglen, Newry, Co Down was originally charged with conspiracy to steal cars at various locations in the North East. He was further charged with participation in the robbery of the Lordship Credit Union in Bellurgan, Co Louth on January 25, 2013 in which Aaron Brady shot and killed Det Gda Donohoe.

The three-judge, non-jury Special Criminal Court acquitted Mr Flynn of the robbery charge but amended the conspiracy indictment to find him guilty of conspiring to steal the Volkswagen Passat used as the getaway car from a property in Clogherhead, Co Louth in January 2013.

Earlier this year, the three-judge Court of Appeal found that the decision by the Special Criminal Court to amend the indictment against Mr Flynn after his three-month long trial had finished and without consulting either the prosecution or defence legal teams, was a breach of Mr Flynn’s right to constitutional natural justice.

At today’s hearing, Inspector Phillips agreed with defence senior counsel Bernard Condon that during Mr Flynn’s previous trial, there was no suggestion of witness interference.

In submissions to the court, Mr Condon said there is no evidence that Mr Flynn is a flight risk or that he will interfere with witnesses and there is nothing to link his client to the actions of his father or those of Tony Brady. “We are not responsible for the sins of our brothers, nor are we responsible for the sins of our fathers,” counsel submitted.

The accused man has a closer relationship to his mother than his father, Mr Condon said, and he would have no objection if his father were excluded from the trial. He said his client has “no connection” to Tony Brady, does not require his assistance or attendance at his trial and is a “stranger to that man and anything he has to advance”.

Counsel described his client as a hardworking man who is devoted to his family and to providing for them. He is an honest man, counsel said, who is not going to “disappear off the face of the earth” or turn his back on his wife and children.

Mr Condon said his client will agree to terms, including that he live with his mother-in-law in Co Monaghan rather than return home to Northern Ireland and will sign on twice daily at a garda station.

Ms Justice Karen O’Connor, presiding at the three-judge court, adjourned a decision to tomorrow morning.