Aaron Brady, who shot and killed Det Garda Adrian Donohoe, has pleaded guilty to perverting the course of justice during his murder trial in 2020.
An attempt by lawyers for the 33-year-old to prevent the media from reporting his admission of guilt, due to a potential prejudicial effect on any retrial he might face for the detective’s murder, was characterised by the State as “fanciful” and was refused by the Special Criminal Court.
Brady, formerly of New Road, Crossmaglen, Co Armagh, on Thursday accepted that he was responsible for recording footage of a Garda interview with Ronan Flynn, a witness who told gardaí he had heard Brady admit to shooting Det Garda 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 Mr Flynn and other witnesses.
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Brady was convicted by a jury in 2020 of the detective’s murder during a robbery at Lordship Credit Union, Bellurgan, Co Louth on January 25th, 2013. He is serving a life sentence with a minimum of 40 years.
Michael O’Higgins SC, for Brady, had 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.
Lorcan Staines SC, prosecuting, pointed out that the Constitution requires that justice be done in public and that principle should only be deviated from in exceptional cases.
Counsel said 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. He said Tony Brady had created hours of commentary suggesting a State conspiracy against his son in relation to the murder conviction and the charge of perverting the course of justice, to which he has pleaded guilty.
Mr Justice Burns said a retrial is “simply a possibility and no more than a possibility” and any mischief from reporting of the plea could be remedied by a trial judge directing a jury to try the case based on the evidence they hear in court. He adjourned sentencing to May 29th.
Brady is charged with a further count of conspiring with Dean Byrne to persuade a State witness not to testify at the same trial. He did not enter a plea in relation to that count but Mr Staines said it should be taken into account at sentencing. Mr Byrne (30), of Cabra Park, Phibsborough, Dublin, is remains on trial on the conspiracy charge.
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