Lawyers defending two men accused of the robbery in which Detective Garda Adrian Donohoe was shot dead have told the Special Criminal Court that the prosecution wants to introduce evidence of burglaries allegedly committed by the two men to "prejudice" them.
Sean Guerin SC, defending Brendan Treanor, said the burglaries have "no connection whatsoever" to the Lordship Credit Union robbery in which the detective was shot and killed.
He said the prosecution wants to introduce "all that alleged behaviour, constituting misconduct evidence on previous occasions, with no connection to the robbery, to prejudice Mr Treanor."
'Professional court'
While counsel accepted that the three-judge, non-jury Special Criminal Court is a "professional court" he said it is "still composed of judges who are human". Mr Guerin asked the court to separate the robbery charge from the burglaries and to hold separate trials on each count.
If the court refuses the appeal, Mr Guerin said it would hear "all of these matters which have no connection whatsoever to the robbery".
Bernard Condon SC, for the second accused James Flynn, said that he was adopting everything Mr Guerin had said.
Brendan Grehan SC, for the prosecution, said that the conspiracy to burgle and robbery charges were joined because of the continuum of facts in relation to the alleged offences which, he said, "ends with the shooting dead of Detective Garda Adrian Donohoe".
Mr Grehan said the robbery didn't "happen out of the blue" but required planning by a group of people.
He said the defence is likely to say that on the day of the Lordship robbery the accused men were together in "innocent association", playing video games and eating dinner at James Flynn's home and just "going about their business".
The prosecution, he said, has to rebut that innocent explanation. He said the final burglary happened two days before the robbery and added: "We will rely on evidence of the robberies to display that this was not some sort of innocent association."
Mobile phone evidence
Mr Grehan also told the court that the offences contained similarities in that they were in a defined part of the country, near the homes of the accused men and over a defined period. The culprits used a similar method and there was mobile phone evidence in some cases to link them to the areas where the burglaries happened.
Mr Guerin responded that the prosecution position was "absurd" and "poorly thought out". He said that the method used in the robbery, involving an armed confrontation, was "completely different" to the burglaries which were done at night deliberately to avoid confrontation.
Mr Guerin said that the prosecution has a sound basis for saying the burglary charges should be tried together but not the robbery.
Mr Justice Hunt, presiding, said the court would indicate its ruling next Tuesday.
Brendan Treanor (34), previously of Emer Terrace, Castletown Road, Dundalk, Co Louth, and James Flynn (32) from South Armagh that between September 11, 2012 and 23 January 2013, they conspired with Aaron Brady and others to enter a house with the intention of stealing car keys.
Both men are also charged with the robbery of €7,000 at Lordship Credit Union in Bellurgan, Co Louth on January 25th, 2013. They have both pleaded guilty to each charge.
Aaron 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 Gda Adrian Donohoe and of the burglary at Lordship. He denied any involvement in the robbery and is awaiting an appeal against his conviction.
