Prosecution accused of ‘desperation’ in approach to trial over fatal credit union robbery

There is no case against one of the men accused of participating in the credit union robbery that resulted in the death of Det Garda Adrian Donohoe, a barrister has told the Special Criminal Court.

Seán Guerin SC delivered a closing speech to the three-judge, non-jury court on Wednesday on behalf of Brendan Treanor. He said there was no evidence that his client left his home on the evening of the robbery, and that the prosecution relied on speculation and theories that “make no sense”.

There was, he said, a more convincing case to be made against at least two others who were not before the courts. He accused the prosecution of “desperation” in how it had put forward its evidence. Counsel for the second accused, James Flynn, will deliver his closing speech on Thursday.

Mr Treanor (34), previously of Emer Terrace, Castletown Road, Dundalk, Co Louth, and Mr Flynn (32), from south Co Armagh, are charged with the robbery of €7,000 at Lordship Credit Union in Bellurgan, Co Louth, on January 25th, 2013. They are also charged that between September 11th, 2012, and January 23rd, 2013, they conspired with convicted garda-killer Aaron Brady and others to enter residential premises with the intention of stealing car keys and taking vehicles. Both accused have pleaded not guilty to each charge.

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Brady (31), previously of New Road, Crossmaglen, Co Armagh, is serving a life sentence with a 40-year minimum having been found guilty of murdering Det Garda Donohoe and of the robbery at Lordship. He denied any involvement in the robbery and is awaiting an appeal against his conviction.

Mr Guerin told the court that when assessing a circumstantial case it does not matter if there are 10, 100 or 1,000 pieces of evidence as one piece that contradicts the narrative is “more powerful than all of that”. He warned of the dangers of speculation where there was an absence of direct evidence.

Counsel said the prosecution had asserted without evidence that “spotter cars” were used in the robbery. He said it had also ignored the direct evidence of one witness who said that the driver of the getaway car, a stolen Volkswagen Passat, was a woman.

Mr Guerin said it was the State’s case that his client was with Mr Flynn and Brady on the day of the robbery but they dropped Mr Treanor home at Slieve View in south Armagh that evening.

Counsel said the prosecution was alleging that Mr Treanor made his way from there to Lordship at about 8.45pm, 45 minutes ahead of the robbery, but there was no evidence that he even left his house.

“How does he get there?” he asked, in circumstances where Mr Treanor did not have a car. Mr Guerin said it “makes no sense” that Brady and Mr Flynn would have dropped Mr Treanor at Slieve View if he was to take part in the robbery at Lordship a couple of hours later.

Mr Guerin will continue his closing speech on Thursday before Bernard Condon SC begins his closing speech on behalf of Mr Flynn. Mr Justice Tony Hunt is presiding.