A Mountjoy prison officer found a mobile phone hidden inside a sock in a wall-hatch in the cell of a prisoner who is accused of attempting to pervert the course of justice during garda killer Aaron Brady's trial, the Special Criminal Court has heard.
Prison officer David Sheridan told Dean Byrne's trial at the three-judge, non-jury court that the sock was concealed in a wall cavity underneath the sink behind a hatch that is usually screwed to the wall.
When Mr Sheridan searched Mr Byrne's cell following a tip-off he noticed that the four screws had been removed and the hatch was hanging in place.
When he removed the cover, he was able to fit his arm into the cavity and retrieved a sock which contained a black Sony smartphone.
Garda Orla Madden said that when gardai looked through the phone, they found a Facebook account under the name Dean Byrne which had contacted a known relative of Daniel 'Dano' Cahill, a key witness in Aaron Brady's trial.
In June 2020, Mr Cahill told Brady's trial that Brady confessed to him on numerous occasions that he had shot a garda. Mr Cahill gave his evidence via videolink from New York because travel was restricted due to a Covid outbreak.
Garda Madden used a court order to retrieve a record directly from Facebook of all conversations between the two Facebook accounts in the months leading up to Mr Cahill giving evidence.
On April 9th, two months before Mr Cahill gave evidence, Mr Byrne's phone sent a message asking "did ya say that to him bro?". Mr Cahill's relative replied two days later, saying he was "on to Dano" and that Dano told him he "didn't say anything". The man asked for a copy of the statements.
In a voice message sent later that day, Mr Byrne is alleged to have said: "I'll try but he just doesn't want to give the statements out... the young fella, he doesn't even want to give them out or anything, he just wants them to stop, to not do what they are doing."
Mr Byrne is also alleged to have said: "I'll text him and try and get them for you... that's not nice on the young fella, it's not fair, he's just trying to live his life but then people are doing that on him. Young fella is trying to live a life and people saying he did something he didn't do. It's just not fair on him."
Three minutes later, Mr Byrne is alleged to have sent another audio message saying: "Don't give them to Dano or anything. Don't show them to Dano... it will fall back on the young fella, it will go bad on his case, you can say you're after seeing it but don't send it to them."
The correspondent replied via text message: "My life Dano won't see anything. Want to see myself. If true will will let everyone know what they are bro."
A short time later, Det Gda Madden said three photographs were sent from Mr Byrne's phone of pages from the statement given by Daniel Cahill to gardaí at a New York police station in 2019. The detective said it took 16 minutes from when Mr Byrne first said he would try to get the statements to when the statements were sent.
That evening, Mr Byrne is alleged to have sent another audio message saying: "I was talking to Brady out in the yard. He says f**king Dano got caught with a bit of green over there... authorities came and raided it or something like that... He never did anything wrong. He never said anything or anything like that. Get his father to meet up with Dano's father and explain, like."
Three days later, Mr Byrne is alleged to have said: "What's up, bro, were you talking to Dano?" The correspondent replied: "Talking to him Sunday."
When Mr Byrne is alleged to have asked "is Dano going ahead with them", the correspondent replied: "Don't know bro, not sure what he do. At the end of the day he over there."
Mr Byrne is alleged to have replied: "I know bro but can none of yous talk to him and ask him not to do it, fella never did anything."
On June 6th, Mr Byrne is alleged to have said to the same correspondent: "What's up bro, he's doing that this week, will you try to talk to him, it's not on."
On June 20th, two days before Mr Cahill's evidence began, Mr Byrne is alleged to have said: "He's doing that on Monday, bro." A later message read: "He is making a show of himself, it's going to be all over the telly and all."
Under cross-examination, Det Gda Madden told defence counsel Padraig Dwyer SC that some of the messages could be interpreted as Mr Byrne saying that he believes Mr Cahill's statement is false.
Dean Byrne (30), from Cabra Park, Phibsborough, Dublin, is on trial accused of conspiring with Aaron Brady in Mountjoy Prison between April 8th, 2020, and June 22nd, 2020, to persuade prosecution witness Daniel Cahill not to give evidence at Brady's murder trial, a course of conduct which had a tendency to and which was intended to pervert the course of justice.
In August 2020, Brady (33), formerly of New Road, Crossmaglen, Co Armagh was convicted by a jury of the murder of Det Gda Adrian Donohoe during a credit union robbery at Lordship, Bellurgan, Co Louth on January 25, 2013. He is serving a life sentence with a minimum of 40 years.
Mr Byrne's trial is continuing before Mr Justice Paul Burns, Judge Elma Sheahan and Judge Marie Keane.
