‘It was not pre-meditated’: Trial hears alleged remark by accused

The man who denies murdering 61-year-old Michael Foley at his home in Macroom allegedly said to the detective sitting beside him at Bandon courthouse after his first court appearance in February 2024: “Fintan, it was not pre-meditated.” 

The prosecution case is that Mr Foley was murdered at his home at Annville, Barrett’s Place, Macroom, on February 1, 2024. 

Daniel Hourigan, aged 32, who is originally from Farranree in Cork city, pleaded not guilty to his murder.

Jane Hyland, prosecuting, explained what was meant by the response to the murder charge made by the accused when he said, “Not guilty of murder but guilty of assisting an offender under Section 7 Subsection 2 of the Criminal Law Act 1997.” 

She said that in non-legal language, “what that means is that he is saying to you that he helped another person when they committed an offence to prevent them being caught", but that he is not guilty of murder.

Detective Garda Fintan Coffey testified on Friday that he was sitting beside Mr Hourigan after he was charged with murder and had his first court appearance in the case in February 2024.

He said he sat beside Daniel Hourigan shortly before 1pm at Bandon District Court. 

Ms Hyland asked, “What happened between you and Mr Hourigan?” 

The detective replied: “Once dealt with by the judge, he sat next to me. He spoke to me and said, ‘Fintan, it was not pre-meditated.’” 

I immediately reminded him he was under caution and no further words were spoken.

In a further interview with gardaí after he handed them a note about what he recalled from staying on the night in question at the home of the deceased, Mr Hourigan said: “I saw the deceased, Michael Foley, lying on the floor… I thought he was after falling from being drunk. I couldn’t lift him on to the sofa… I thought he was asleep at that time… I lifted up Michael’s head and placed a cushion under his head.” 

Days later in Cork city, Mr Hourigan said of Linda O’Flynn, who was with him at the home of the deceased that night: “When I found out Michael was dead, I caught Linda by the head and screamed, 'What did you do?' and she said, 'I did nothing.'" 

Ray Boland, defending Mr Hourigan, put it Detective Garda Hugh Byrne that when Ms O’Flynn was being questioned, she was withdrawing from heroin and was violent, volatile, and threatening to gardaí and had been prescribed the heroin substitute suboxone and diazepine. However, she continued to be threatening towards gardaí and also spat in their direction during questioning in February 2024. 

The detective agreed.

Mr Boland asked for video recording of part of the interview gardaí had with Ms O’Flynn to be played to the jury. 

She lashed out a number of times during the video clip of the interview that was shown, screaming, “I done nothing wrong. Simple as.” 

The trial before Ms Justice Siobhán Lankford and six men and six women of the jury continues on July 13.