A witness who told gardaí he had heard Aaron Brady admit to killing Detective Garda Adrian Donohoe was warned he would be "dealt with" if he set foot in Ireland, and that his family would "get it" if he gave evidence at Brady's murder trial, the Special Criminal Court has heard.
Det Inspector Mark Phillips told the three-judge, non-jury court on Monday that people who had spoken to gardaí investigating Det Gda Donohoe's murder were concerned for their safety or the safety of their families.
One witness said he feared he would be killed if he testified in court.
Det Insp Phillips said 10 witnesses who made statements to gardaí did not come to court to give evidence during Brady's murder trial in 2020. Some of those witnesses complained about being directly or indirectly threatened or hassled by associates of Brady, the detective said.
Det Insp Phillips told prosecution counsel Lorcan Staines SC that one of those witnesses, Ronan Flynn, told gardaí in a video-recorded interview carried out at a police station in New York in 2017 that he heard Brady admit to killing Det Gda Donohoe on multiple occasions while they were living together in the US.
Mr Flynn also confirmed to gardaí that US citizen Molly Staunton was present when Brady admitted to the murder. Ms Staunton was one of just two people who testified to hearing Brady admit to the murder.
Safety concerns
In January 2019, Mr Flynn told Det Insp Phillips that he was concerned for his own safety and the safety of his family after a message was relayed to him that if he "ever set foot back in Ireland he would be dealt with", and that if he gave evidence "his family would get it".
Det Insp Phillips met with Mr Flynn in New York in July 2019, and the witness told him he was concerned about his family in Ireland.
Mr Flynn said he had been approached by a known associate of Brady's, who lived in New York, and that a lawyer acting on behalf of Brady had asked to speak to him about the case.
Mr Flynn told Det Insp Phillips he was "under extreme pressure in relation to giving evidence".
Another man who gave a statement to gardaí but did not give evidence in court said he had fears for his family in Ireland if he testified.
When gardaí served a witness order on another witness, he said he feared he would be killed if he came to court. He said he had been "visited in relation to giving evidence", but refused to provide further information and did not testify at Brady's trial, Det Insp Phillips said.
Another man, Colin Hoey, had "significant evidence" to give, Det Insp Phillips told the court, but did not attend the trial and was later prosecuted and sentenced for his failure to attend.
A man who told gardaí that Brady admitted to him in a bar in Yonkers, New York, that he shot Det Gda Donohoe also did not attend the trial.
Associates
Daniel Cahill told Det Insp Phillips that he had been approached in the street in New York by an associate of Brady's.
Mr Cahill did not tell the man that he had spoken to gardaí and went on to give evidence at the murder trial, telling the court he heard Brady admit to the murder on three occasions.
Det Insp Phillips was giving evidence at the trial of Dean Byrne (30), from Cabra Park, Phibsborough, Dublin.
Mr Byrne is on trial having pleaded not guilty to conspiring to persuade Mr Cahill not to give evidence at Brady's trial in order to pervert the course of justice between April 8th, 2020, and June 22nd, 2020.
Mr Byrne's lawyer Padraig Dwyer SC told the court that he was not objecting to Det Insp Phillips giving hearsay evidence relating to witness intimidation because his client is not charged with intimidation and there is no suggestion he had any involvement.
Mr Dwyer said he is taking a "practical approach" to the trial.
Brady was due to go on trial alongside Mr Byrne, but last week he pleaded guilty to embarking on a course of conduct intended to pervert the course of justice on a date between February 20th and May 7th, 2020.
Brady accepted he was responsible for recording the playing of Mr Flynn's interview with gardaí at the New York police station, in which Mr Flynn said he heard Brady admit to the murder.
The video that was recorded by Brady was uploaded to social media during Brady's trial with text accusing Mr Flynn of "touting" and claiming he had criminal charges against him dropped in the US in return for his testimony.
The young fella is trying to live a life and people are saying he done something he didn't do.
In his opening speech last week, Mr Staines said Brady and Mr Byrne shared a landing in Mountjoy Prison during Brady's murder trial.
Counsel also outlined a number of exchanges on a phone found in Mr Byrne's cell.
In one exchange, Mr Byrne referred to the fact that Mr Cahill was to give evidence against 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 is also alleged to have offered to send transcripts of Mr Cahill's garda statements.
Mr Staines said it is clear from the messages that Mr Byrne knew from speaking to Brady when Mr 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 another message, it is alleged Mr Byrne told a person "he is doing that on Monday, bro", which Mr Staines said was in 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 a man who said he would "do damage" to Mr Cahill, the court heard.
Mr Byrne's trial continues before Mr Justice Paul Burns, Judge Elma Sheahan and Judge Marie Keane.
