During Aaron Brady's trial in 2020 for murdering Det Garda Adrian Donohoe, a man offered to "do damage" to a State witness who would later testify that he repeatedly heard Brady admit to shooting a garda, a barrister has told the Special Criminal Court.
The man allegedly made the offer during a message exchange with Dean Byrne, a criminal who was sharing a landing with Brady at the time.
The Director of Public Prosecutions (DPP) has charged Mr Byrne with conspiring to prevent witness Daniel Cahill from giving evidence that helped to prove Brady was responsible for murdering the detective during a robbery at Lordship Credit Union in Co Louth in January 2013.
Prosecution counsel Lorcan Staines SC opened Mr Byrne's trial on Thursday afternoon, saying that during the exchange Byrne referred to Mr Cahill as a "f***ing rat c***, dirtbag, filthbag rat bastard." In response, the man sent three dollar emojis to Mr Byrne and wrote: "I'll find him, put the number up, I'll do damage to him."
Mr Staines said that Dean Byrne also sent messages to another acquaintance of Daniel Cahill, telling him that "Dano" is giving evidence in Brady's trial and on one occasion saying: "Can none of yous talk to him and ask him not to do it. The fella never did anything, it's just not nice bro."
The acquaintance told Mr Byrne that he would show copies of Mr Cahill's garda statements to Mr Cahill's family, to show them "what he done [sic]". The man also claimed to have sent a message to Mr Cahill telling him he had "blackened" his name.
Aaron Brady has already pleaded guilty to video recording the evidence of another witness, Ronan Flynn, with the intention of perverting the course of justice.
Brady was also charged with conspiring with Mr Byrne to persuade Mr Cahill not to testify. Brady did not enter a plea in relation to that count but the court heard it should be taken into account at sentencing.
Dean Byrne (30), from Cabra Park, Phibsborough, Dublin, is on trial accused of conspiring to persuade prosecution witness Daniel Cahill not to give evidence in order to pervert the course of justice between April 8th, 2020, and June 22nd, 2020. He has pleaded not guilty. His trial continues next Monday.
During Wednesday's opening, Mr Staines told the court that Brady's lengthy trial for the murder of Det Garda Donohoe ran from January to August 2020.
A key element of the prosecution case, he said, was the statements of Daniel Cahill and US citizen Molly Staunton who each said they had heard Brady make admissions in relation to shooting a garda. Mr Staines said these admissions were made after Brady "fled to America in the aftermath of the murder".
Mr Staines outlined a number of contacts made during Brady's trial between a phone found in Mr Byrne's cell which counsel said was being used by Mr Byrne. Counsel said that in exchanges with one man Mr Byrne referred to the fact that Daniel Cahill was to give evidence against Aaron Brady.
"The young fella is trying to live a life and people are saying he done something he didn't do," Mr Byrne is alleged to have said in one audio message in which he also offered to send transcripts of Mr Cahill's garda statements.
Mr Staines said it is clear from the messages that Dean Byrne knew from speaking to Aaron Brady when Daniel Cahill was due to give evidence, information that was not in the public domain. Mr Staines said Mr Byrne also referenced a key element of what would later be the defence's cross examination of Mr Cahill – that the witness had been caught by Homeland Security in America with cannabis in his apartment.
In April 2020, Mr Staines said Aaron Brady used a mobile device in his cell in Mountjoy to record a video of Ronan Flynn giving a statement to gardaí. Mr Flynn told gardaí that he heard Brady admit to killing a garda, but Mr Flynn did not give evidence in court.
Mr Staines said the recording made by Aaron Brady of Mr Flynn giving his statement to gardaí was later uploaded to social media. On WhatsApp the video was accompanied by text stating that Mr Flynn had drug and assault charges dropped against him in New York for "touting on his own cousin".
Mr Staines said the cousin referred to was Jimmy Flynn, an associate of Mr Brady who was acquitted by the Special Criminal Court of participating in the robbery at Lordship. Flynn was, however, convicted of conspiring to steal a car that was used in the robbery.
Mr Staines said that following Molly Staunton's evidence in June 2020 she received snapchat messages from a known associate of Mr Brady of a picture of a hand in the shape of a gun, followed by a message stating: "You silly girl" and ten crying laughing emojis.
Eight days later Mr Byrne sent a message saying "he is doing that on Monday, bro" in what Mr Staines said was a reference to Mr Cahill's scheduled testimony. In another message he wrote: "He's doing that this week, will you try and talk to him? It's not on."
On the same day, Mr Byrne had a conversation with the second man who said he would "do damage" to Mr Cahill.
Counsel said that Aaron Brady would have known that Mr Cahill was due to give evidence and the prosecution is making the case that Dean Byrne was "acting as Aaron Brady's agent".
When Mr Byrne was questioned, he told gardaí that he had never seen the phone before, that he did not know Aaron Brady and had never spoken to him. Mr Staines said the prosecution will prove that these were all lies.
He said that the prosecution intends to prove that there was a conspiracy between Aaron Brady and Dean Byrne to persuade Daniel Cahill not to give evidence and that their intention was to pervert the course of justice.
The trial continues before Mr Justice Paul Burns, Judge Elma Sheehan and Judge Marie Keane.
