Declan Brady and another man have been charged before the Special Criminal Court with helping a criminal gang murder father-of-four Noel 'Duck Egg' Kirwan five years ago.
Christopher 'Noel' Kirwan (62) was shot six times as he sat in his car on December 22nd, 2016, at St Ronan's Drive, Clondalkin, Dublin 22.
On Monday, Michael Crotty (40) of Slí Aonghusa, Aras na Rí, Cashel, Co Tipperary, was charged with involvement in the murder, contrary to Section 72 of the Criminal justice Act.
On Thursday, Brady (56), of The Dairy, Rathasker Road, Naas, Co Kildare, and Martin Aylmer (36), of Casino Park, Marino, Dublin 3, were also charged with the same offence.
Both Mr Aylmer and Mr Brady and were in court when the charges were read out to them.
Allegations
It is alleged that both Mr Brady and Mr Aylmer "between October 20th, 2016 and December 22nd, 2016, within or without the State and with knowledge of the existence of a criminal organisation did participate in, or contribute to by activity, or by being reckless as to whether such participation or contribution could facilitate the commission by a criminal organisation or any of its members of a serious offence, to wit: the murder of Christopher (aka Noel) Kirwan", contrary to Section 72 of the Criminal justice Act.
The court was also told Mr Aylmer had been charged by gardaí prior to his appearance in court.
“I met Mr Aylmer in the precincts of the court this morning,” Detective Sergeant Sean Cosgrove told State Solicitor Ciara Vibien.
“I gave him a copy of the charge sheet and charged him. He made no reply.”
Detective Garda Donal Daly also told Ms Vibien he had met with Mr Brady before the hearing at the same location in the court building, where he “handed a copy of the charge sheet to Mr Brady and explained the contents [of the charge sheet to him]”.
Mr Brady also made no reply to the charge, Det Gda Daly confirmed to the court.
Both men will be tried at the Special Criminal Court, following an application by Ms Vibien, after the Director of Public Prosecutions deemed the normal courts inadequate to secure the effective administration of justice under the Offences Against the State Act.
An application for legal aid for Mr Aylmer from his solicitor Rory Staines was granted after Mr Justice Alex Owens, sitting with Judge Martin Nolan and Judge Frank Griffin, noted that a document he had been handed indicated the accused man “had no assets”.
The granting of a similar application for Mr Brady from Mr Staines was put on hold on request from Ms Vibien, pending further investigations by gardai.
Both men were remanded in custody by Mr Justice Owens until May 23rd.
