A man who was arrested on suspicion of the murder of Michael Gaine (56) in Co Kerry, before being released without charge on Monday, is free to leave the country. It is believed that he has an extensive support network in another country where he previously lived.
Garda sources said the murder investigation would be much more difficult if the man relocated abroad, as he could not be called for questioning if further evidence is gathered.
The individual, who was known to Mr Gaine, was detained on Sunday and released on Monday night, after being held under Section 4 of the Criminal Justice Act.
He is in his 50s and has lived much of his life abroad, in a country where he has maintained relationships with a network of people. If he moved abroad again, he could only be extradited to Ireland if charges against him were approved by the Director of Public Prosecutions (DPP).
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The Garda investigation into the death of Mr Gaine, who was last seen alive in Kenmare in March, has reached no firm conclusions, with no cause of death or firm motive for the killing established. There is also no evidence at this point that could be used to underpin a criminal charge against anyone in relation to the death, which is assumed to have been a murder.
The man arrested and released is not bound by any restrictions, such as a travel ban or being ordered to surrender his passport. This means he is free to live where he wishes and enjoys the presumption of innocence.
He had moved to Tralee, Co Kerry, recently and was living in an apartment there. Gardaí were aware of his whereabouts as they had previously spoken to him about Mr Gaine’s disappearance and taken a witness statement from him.
He was detained on Sunday afternoon, about 48 hours after partial human remains, believed to be those of Mr Gaine, were discovered. The remains were found in slurry as it was being spread on fields beside the Gaine farmyard at Carrig East, just north of Kenmare, Co Kerry.
Gardaí are working on the theory that Mr Gaine was murdered on Thursday, March 20th, the day he was last seen buying phone credit at a shop in Kenmare. They think it is likely that his remains were dismembered before being dumped into the slurry tank.
The body parts were discovered by chance last Friday when people working on the land took slurry from the tank on Mr Gaine’s farm. As they spread it on fields close to the farmyard, they saw what they believed were human remains.
The alarm was raised immediately and gardaí locked down the farmyard, fields and slurry tank, as well as other machinery, which was all considered part of a large crime scene.
Searches continued at Mr Gaine’s farm, with teams combing the fields. Garda technical units focused on a slatted unit and the slurry tanks underneath where they believed Mr Gaine’s body was dumped.
Gardaí are continuing to look for body parts as well as any weapons or tools that may have been used.
At the weekend, a heavy excavator was brought in to lift the floor, in panel sections, from the shed where the slurry tank is located to facilitate a better search. Slurry was closely examined at that location and a forensics tent was erected to shield work from public view.
Gardaí using breathing apparatus were also examining bulk tanks as well as a slurry agitator, which is used to break up and liquify slurry before spreading. A hearse was also seen leaving the farm on Sunday after gardaí had discovered further human remains during their search.
A post-mortem examination was due to take place at University Hospital Kerry, Tralee, though it was not clear if a cause of death would be established due to the condition of the remains.
