A man whose trial for murder collapsed in controversial circumstances last year has been jailed for six months for driving a motorbike without insurance. Frederick Flannery of St Joseph's Park, Mayfield, Cork was yesterday convicted by Judge Brendan Wallace at Macroom District Court of driving without insurance at Gurteenroe, Macroom on September 28th, 1996.
Flannery was charged with the murder of Denis Patrick O'Driscoll at Wellington Terrace, Cork in December 1994 but his trial collapsed at the Central Criminal Court last June and Mr Justice Barr put a stay on him being prosecuted on the charge.
Summonsed to appear on a number of road traffic offences in Macroom, Flannery yesterday repeated an earlier denial that he had been the person summonsed by Garda Con Lynch for the alleged offences and said he got the summons from his twin brother, John.
Judge Wallace told Flannery at an earlier sitting that he should get his brother to turn up and confirm that it was he who had been served with the summons but Flannery said they were no longer talking and his brother failed to appear yesterday.
Yesterday, Garda Lynch gave evidence that he had served the summons personally on Fred Flannery at Raleigh Cross on June 10th this year.
He knew Flannery after stopping him earlier this year and when he asked him his name, he gave it as Fred Flannery.
He had never met John Flannery but he was quite satisfied the man on whom he had served the summons was Fred Flannery, said Garda Lynch. Garda Robert Crowley told the earlier sitting he was certain it was Fred Flannery he had stopped on the motorbike.
Flannery's solicitor, Mr Sean Cahill, applied to have the charges dismissed - firstly, on the grounds that the summons had not been served at the named address and secondly, that there remained a doubt about whom exactly the summons was served upon.
But Judge Wallace rejected both Mr Cahill's applications, saying there was no substance to the first while there was no doubt in his mind the summons had been served on the defendant, Fred Flannery.
"I am satisfied the summons was served on the man before the court - if he had brought in his twin brother, if he exists at all, then there might have been some doubt raised but there's no doubt in my mind," said Judge Wallace.
Flannery then dispensed with Mr Cahill's services, saying he had not followed his instructions to have the case thrown out. Representing himself, he said it was his fifth time appearing on the same charges and they should be thrown out.
However, Judge Wallace said he was convicting him of driving without insurance and he jailed him for six months, banned him from driving for five years and ordered his licence to be endorsed.
He also convicted and fined Flannery £25 for having no licence and £50 for having no tax.